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From virulence crime probability departure differentiate sin

Add Date:2015/7/1 Hits:1796 Font Size:S M L BACK
In this case the issue is: Ran a defendant's conduct constituted the crime of intentional injury or intentional homicide? The results of the two crimes are likely to result in death of the victim, the key difference is that the perpetrator of the crime subjective intent that is different consequences of sin: the death of the former holding exclusive attitude, completely out of negligence; the latter is the hope or laissez-faire.
Public prosecutor and counsel that: intentional assault. First, look at the case from the cause, the case was due to the general student disputes caused the defendant to produce not kill intentionally; secondly, from the confession of the accused to see, it is always said that just want to "take a lesson," the victim, never mentioned to kill dead victim. Taking into account the defendant just 14 years of age, should not take the initiative to avoid the mens rea; again, from the performance after the incident, the defendant was informed immediately after the death of the victim to surrender, and expressed strong regret, we can see the consequences of their rejection of death of the victim of crime .

His legal representatives that: intentional homicide. First, Ran a day before the incident that is convened by the students and later the attack tool QQ, day of the incident had threatened "I want to poke Lee, or not called Ran a"; secondly, the whole incident process only one minute, Defendant prompt action, clear objectives, first victim of gang fights in uniform, then stabbed the heart of direct poke immediately after the escape.

Some scholars believe that: intentional homicide, intentional homicide and belonging directly. First, intentional homicide or intentional injury death key difference is that intentional content, that the perpetrator aware of their behavior will cause any kind of harm may result, so the judge must focus on the subjective intent of the criminal act itself unfold; secondly, to direct deliberately and intentionally indirect distinction, only results in harm occurs and does not occur when there are two possibilities, and we talk about indulgence; if the perpetrator knows must inevitably result in some harm occurs, it is impossible to produce. " faire "state will only be evaluated to expect harmful results occur. Case, from the attack tool against parts of the number, strength and other criminal behavior can be inferred that the perpetrator of the crime results caused death of the victim, not the subjective "knowingly" and actively pursued.
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