| Crime of intentional homicide of today's society is a common multiple, widespread concern in the community.Although criminal law theory of intentional homicide carried out extensive and depth study and achieve consensus on many,but it is undeniable,there are still a lot of controversy.I selected Ji intentional murder case, through analysis it to distinguish the boundaries between intentional homicide and intentional injury (causing death),as well as the penalty application of intentional homicide.The case have three focus:the case of intentional murder or intentional assault (causing death); whether the case constitute a surrender; whether the case should apply the death penalty.The second part of the brief analysis three focus of controversy.On the first focus of controversy,from the behavior of the implementation of the objective,and subjective the intent crime, analyzes have come that Ji has killing intentionally,and implementation of the killings,the behavior leading to death of the victim,so Ji accomplished the intentional homicide.On the second focus of controversy,the author analyze two part of voluntary surrender and truthfully confessed crime,and combine with the specific facts of the case that analysis derived Ji's surrendered lack of automaticity and not a true account of his crimes.Of course,not established a surrender.On the third focus of controversy,at first expound the death penalty applicable of intentional homicide crimes,then discussed intentional homicide caused by marriage and family disputes,combined with Ji's behavior that Ji should be sentenced to death, However,due to the case of marriage and family disputes caused by intentional homicide,with suddenly and accidentally,and after the case Ji active compensation in positive,he may be sentenced to death with reprieve, and also decided to limit the commutation.Through the analysis of the controversy in the case,we hope to have a positive impact for the intentional homicide conviction and sentencing. |
PDF Full Text Request