Judicial Determination Of Crime Of Intentional Injury Caused By Death And Misconduct Caused By Death

Beating the special body of the lethal cases occur frequently,the current conviction and conviction of such cases lack of uniform identification standards and handling norms,to distinguish between intentional injury caused by death and negligence caused death is the key to the nature of the case.Because the conviction and punishment of this type of case is not perfect in the legislation,coupled with theoretical research is not mature enough,so in the judicial practice of this type of case there are intentional injury caused by death,death caused by death,such a It is not conducive to the protection of the rights of both parties and the credibility of the judiciary.Because of the particularity of this type of case,the study of this type of case has a strong reality,significance.In this paper,through the analysis of specific cases,the defendant Xiao Moumou,Zhang Moumou and others beat the victim Pumou,causing the victim Pumou due to coronary heart disease caused by myocardial infarction died,by analyzing the defendant Xiao Moumou,Zhang Moumou behavior When the subjective state of mind,the degree of violence and the extent of the defendant and the victim's death and the results of the death of the causal relationship between the victims to determine whether the defendant Xiao Moumou,Zhang Moumou what constitutes a crime.The writing of this article is divided into three parts.First of all,it briefly introduces the case and analyzes the controversy of the case according to the verdict.The defendant in this case constitutes intentional injury to cause death or death.Then,a comprehensive analysis of the controversial focus of this case.The division of intentional injury caused by death and negligence caused by death,from the defendant Xiao Moumou,Zhang Moumou behavior subjective mentality,the degree of violence and the defendant's behavior and the victim's death and the results of the death There are three aspects of the causal relationship between the case of a specific analysis.To judge whether the subjective mentality is intentional or negligence,to distinguish between general beating and intentional injury,to judge whether the defendant's violence and the death of the victim have a criminal causal relationship between the causal relationship,the case to make accurate qualitative.Finally,through the study of this case and thinking about the handling of this type of case to make valuable reference recommendations.