What is the definition of death in our criminal law?

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.

The determination of the crime of negligence causing death is an act in which the perpetrator negligently did not foresee or had foreseen it and credulously believed that it could have avoided the death of another person, and deprived others of their right to life. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given.

Article 233 of the Criminal Law: Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions. Article 15: Crimes of negligence are crimes where they should foresee that their conduct might have consequences that are harmful to society, but they did not foresee it because of negligence, or they had foreseen it and believed that it could have been avoided, so that such a consumption result occurred.

Only those who commit crimes of negligence shall be criminally liable if the law provides for them.

The Supreme People's Procuratorate interprets the provisions of the Criminal Procedure Law on the death penalty: Where the Supreme People's Court imposes and approves a death sentence for immediate execution, the president of the Supreme People's Court shall issue an order for the execution of the death penalty. Except for cases where the Supreme People's Court makes a direct judgment on the immediate execution of the death penalty, all cases shall be reported to the Supreme People's Court for approval in accordance with law, and the High People's Courts that have been sentenced to a suspended death sentence have the right to directly verify the severity of the death sentence without reporting it.

[Legal basis].Article 261 of the Criminal Procedure Law.

Where the Supreme People's Court imposes and approves a judgment for immediate execution of a death sentence, the president of the Supreme People's Court shall issue an order for the execution of the death penalty.

Where convicts sentenced to a two-year suspension of death have not committed an intentional crime during the period of suspension of the death penalty, and the period of suspension of the death sentence is complete, and the sentence shall be commuted, the enforcement organ is to submit a written statement of intent and report to the High People's Court for ruling; If the crime is intentional, the circumstances are heinous, and it is verified that the death penalty shall be carried out, the High People's Court shall report to the Supreme People's Court for approval; Where the death penalty is not carried out for intentional crimes, the period for which the death penalty is suspended is to be recalculated and reported to the Supreme People's Court for filing.

There are several criteria for death in legal theory, and different countries have different standards for adoption. Our laws do not adopt these criteria because they are flawed: if brain death is adopted, then a vegetative person is dead.

If the heart dies and the heart stops, then the heart dies and the artificial heart is replaced by the dead person, and the heartbeat arrest is suspended and the fake death is the dead person. "The pupil jumping reaction is even more unreasonable, is a blind person a dead person?

These standards are not adopted by our laws. The standard adopted by our law is that if a person dies in a hospital, he or she shall be certified by the hospital, if he dies at home, he shall be certified by his relatives, and if he dies elsewhere, he shall be deemed dead if he has been proved to have no signs of life in many ways. China's jurisprudence adopts the doctrine of "no signs of life".

I think that what the first floor said is right, and I can't take it for granted that the doctrine is practiced.

1.The death penalty is only applied to criminals who have committed extremely serious crimes. Except where the death penalty is adjudicated by the Supreme People's Court in accordance with law, it shall be reported to the Supreme People's Court for examination and approval. Where the death penalty is suspended, the High People's Court may make a judgment or approve it.

2.The death penalty shall not be applied to persons under the age of 18 at the time of the commission of the offence and to women who are pregnant at the time of trial. The death penalty shall not be applied to persons over the age of 75 at the time of trial, except where death is caused by particularly cruel means.

1. Will anyone over 70 years old be sentenced to death?

An elderly person who is over 70 years old but not under 75 years old can be sentenced to death if he commits a crime. According to the law, the death penalty shall not be applied to a person who has reached the age of 75 at the time of trial, except in cases where death is caused by particularly cruel means.

The conditions for the application of the death penalty mainly include:

1. The death penalty is only applicable to criminals whose crimes are extremely serious, that is, where the crimes committed have particularly seriously endangered the interests of the state and the people and the circumstances are particularly heinous;

2. After a death penalty case is decided, it must be approved through the review procedure;

3. Procedures for the execution of the death penalty. The death penalty shall be reported to the Supreme People's Court for approval.

2. What should be done if a death row inmate is pregnant?

China's Criminal Law stipulates: "The death penalty shall not be applied to persons who were under the age of 18 at the time of the commission of the crime and to women who were pregnant at the time of trial. The Criminal Procedure Law also stipulates that if a people's court discovers that a convict is pregnant when carrying out a death sentence, it shall stop the execution and immediately report to the Supreme People's Court to change the sentence in accordance with law.

If a people's court discovers any of the following circumstances before enforcing a death sentence, it shall stop the execution of the death sentence and immediately report it to the Supreme People's Court, which is to make a ruling: (1) It is discovered that the judgment may be in error before enforcement. (2) Where the convict exposes the facts of a major crime or has other major meritorious service before enforcement, and it may be necessary to change the sentence.

3) The offender is pregnant. In the case of a suspension of execution, the people's court enforcing the death penalty shall immediately report in writing to the people's court that approved the death sentence, and the court president is to sign an order to stop the execution of the death penalty. After examination and verification, if it is found that the original judgment is correct, it must be reported to the people's court that approved it and another execution order must be issued before it can be executed.

If it is ascertained that the offender is indeed a pregnant woman, it shall be reported to the people's court that approved the death penalty to change the sentence in accordance with law.

According to article 48 of the Penal Code, the death penalty applies only to criminals who have committed extremely serious crimes. Except where the death penalty is adjudicated by the Supreme People's Court in accordance with law, it shall be reported to the Supreme People's Court for examination and approval. Where the death penalty is suspended, the High People's Court may make a judgment or approve it.