The Evaluation Of Wan's Crime Of Intentional Injury Case

The qualitative controversy in the case of minor violence causing death in theory and practice is very big.Through the analysis of Wan Moumou's intentional injury case,the controversy in this type of case is mainly manifested as the following three points: one is whether the defendant constitutes a crime,the other is what constitutes a crime if it constitutes a crime,and the third is whether the defendant can Light punishment.Based on the analysis of the objective attribution theory,the defendant Wan smashed the victim's head with a beer bottle,and teamed up with others to punch and kick the victim.This behavior has exceeded the general scope of fighting and has a risk of death.And the act did realize the danger of this death,and did not go beyond the validity of the constitutive elements.Therefore,the behavior of the defendant Wan and the result of the victim's death have a causal relationship in the sense of criminal law.Based on the analysis of the general principle of subjective crimes,and combined with the investigation of the behaviors of the defendant and the possible consequences of the forensic verification,it can be seen that the perpetrators did not establish their intentions to cause the death of the victim.Negligence can only be established,so the defendant should be classified as the crime of causing death by negligence.Finally,light punishment should be considered for this type of case.In view of the fact that the defendant was frank in this case,and actively compensated after the crime was committed,and received the understanding of the victim's family,the intensity of his mitigating or light punishment should be greater.