What do you think of causing death in criminal law?

"Causing death" is only a statement of the result of an act, it is one of the elements for the formation of a crime, but it is not necessary! Whether or not a crime is constituted or what kind of crime is constituted depends on the subject and competent factors. There are many forms of crime that can lead to the result of "causing death", such as manslaughter, intentional injury resulting in death, traffic accidents, crimes endangering public safety, and so on.

Although the result of "causing death" has occurred, but it does not constitute a crime, such as an accident, legitimate defense, and emergency avoidance, the above circumstances can produce the result of "causing death", but there is not necessarily a crime. I don't know if you can understand me when I say that.

The definition of death has been defined at the legal level in our country until now, and there is no clear explanation or definition. Usually the heart stops beating and at the same time stops breathing, which is considered death. However, in judicial practice, death is a common occurrence, usually based on a death certificate from a hospital or forensic examination.

This is also an international practice and practice recognized by international law and prevailing in most countries in the world. Only a few countries consider brain death to be the basis for death.

In China's criminal law, there are three definitions of death, the first is genetic factors, the second is unnatural factors, and the third is drug death.

In criminal law, the general definition is based on the ability to die, and if the heart beats or does not breathe, it can be considered death.

It refers to cardiopulmonary death, most of which refers to cardiopulmonary death, and brain death must not be used as a criterion.

Legal Analysis: Causing death commits the crime of intentional homicide, and the sentencing standard is the death penalty, life imprisonment, or fixed-term imprisonment of not less than 10 years. If the offence is minor, the sentence is between three and ten years in prison.

Legal basis: Article 232 of the Criminal Law of the People's Republic of China Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Criminal liability for causing death: where the crime of intentional homicide is constituted, the sentence is generally death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the crime of causing death is constituted, the sentence is generally between three and seven years imprisonment; Where the crime of intentional injury is constituted causing death, the sentence is generally 10 or more years imprisonment, life imprisonment, or death.

[Legal basis].

Article 232 of the Criminal Law of the People's Republic of China.

Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Article 233.

where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where there are other provisions in this Law, follow those provisions.

Article 234.

Those who intentionally injure the body of others are to be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

where they later escape or there are other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. [Reference point for legally-prescribed base sentences of up to three years imprisonment and short-term detention].

1) Those who bear full responsibility for the accident: where one person dies or one person is seriously injured and escapes, the sentence is one year and six months imprisonment; where one person is seriously injured and there are any other special circumstances in which there is a conviction, one year imprisonment is to be given; Serious injuries were increased by six months. For minor injuries, the sentence will be increased by two months;

2) Those who bear primary responsibility for the accident: where one person is killed or one person is seriously injured and escapes, one year imprisonment is to be given; where one person is seriously injured and there are any other special circumstances in which there is a conviction, the sentence is six months' imprisonment; One more person was seriously injured and the sentence was increased by four months. For minor injuries, the sentence will be increased by one month;

1) Equally responsible for the accident: Where three people die, the sentence is one year and six months imprisonment. one more person in death and six months in prison; One additional person was seriously injured, and the sentence was increased by two months; [Reference point for the legally-prescribed base sentence of between 3 and 7 years imprisonment].

1) Whoever bears full responsibility for the accident and dies and escapes, shall be sentenced to four years imprisonment; In any of the following circumstances, he is sentenced to three years and six months imprisonment. one more person in death and one year in prison; The sentence was increased by six months for one additional person for serious injuries.

1) Two people died;

2) seriously injured five people;

3) There are other special circumstances in which one person is seriously injured and escapes, and there are other special circumstances of conviction.

2) Where one person dies and escapes from the accident, he shall be sentenced to three years and six months imprisonment; In any of the circumstances provided for in the preceding paragraph, it is three years imprisonment. one more death, nine months more sentence; The number of serious injuries increased by one person, and the sentence period increased by four months.

2) Those who bear equal responsibility for the accident and die six persons shall be sentenced to three years' imprisonment. one more person in death and six months in prison; One additional person was seriously injured, and the sentence was increased by two months; [Reference point for the legally-prescribed base sentence of 7 years or more imprisonment].

1) Whoever bears full responsibility for the accident and escapes resulting in the death of one person shall be sentenced to seven years and six months imprisonment; One more person died, and the sentence was increased by two years;

2) Whoever bears primary responsibility for the accident and escapes resulting in the death of one person shall be sentenced to seven years imprisonment; One more person died, and the sentence was increased by one year and four months;

3) Where three persons are equally responsible for the accident, and one person dies as a result of escape, the sentence is seven years and six months imprisonment; one more person in the death penalty and one year in the sentence;

4) Where escape causes death, and other consequences occur at the same time, the provisions of the preceding two articles apply to the portion of the other consequences where the sentence is increased. [Special Rules for Voluntary Surrender and Light Punishment] If a traffic accident is caused and does not escape, the penalty shall be 15%; Those who surrender after escaping are to be given a 10% lighter punishment.