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According to the law, if a person infringes upon another person and causes death, he shall be compensated for funeral expenses and death compensation. The infringed party who has caused moral damage may also apply for compensation for moral damages. To sum up: death compensation + funeral expenses + moral damages.
Because the infringer has died, there is naturally an inheritance, and the inheritance law clearly stipulates that the debts of the decedent shall be paid from the inheritance, and the compensation shall be paid in advance, and if the inheritance has been divided, it shall be deducted from the share of the decedent. Therefore, the compensation can be paid from the estate of the person who committed suicide by jumping off the building.
If there is no inheritance, it will be difficult for the infringed party to obtain compensation.
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Use his estate as civil compensation.
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Then you can only admit bad luck, this is too much of a coincidence, right? If the person who jumped off the building was alone, it was the person who was smashed, and they knew each other in their previous life and went with him.
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Legal Analysis: Whether suicide is considered intentional homicide is divided into circumstances: 1. Suicide by appointment:
Because none of the perpetrators intentionally deprived others of their lives, attempted suicide cannot generally be considered intentional homicide. 2. Instigating or helping others commit suicide. It should be punished as the crime of intentional homicide by closing the bridge, but considering that in the case of vertical stopping, instigation, and aiding suicide, the suicide's behavior often plays a decisive role, so the punishment should be lenient according to the circumstances of the case.
Legal basis: Criminal Law of the People's Republic of China: Article 14: Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility.
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If the perpetrator is already dead, the sentence will generally not be given. If the person who jumped off the building was accidentally falling from the building, the stool type should be recognized as a crude accident and should not bear any criminal responsibility. If the perpetrator intentionally jumped off the building, he should have foreseen that his actions might hit a passer-by, and if he was negligent and did not foresee, causing the innocent passer-by to be stoned to death, it should be found to be the crime of negligence causing death.
Criminal Law of the People's Republic of China
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 this Law provides otherwise, follow those provisions.
Criminal Law of the People's Republic of China
Article 234.
Whoever intentionally injures the body of another person is 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.
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Is it illegal to jump off a building and smash a passerby to death?
1. If the suicide is not dead, he or she shall bear criminal liability for causing death by negligence;
2. If the suicide victim is dead and has committed disorder, he is exempted from criminal responsibility.
Article 233 of the Criminal Law [Crime of Causing Death by Negligence] 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.
Code of Criminal Procedure
Article 16: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or a not guilty verdict shall be declared:
1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
2) The statute of limitations for prosecution has already expired;
3) Punishment is waived by a special amnesty order;
4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;
5) The criminal suspect or defendant is dead or dead;
6) Other laws provide for exemption from the pursuit of criminal responsibility for macro files.
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Legal Analysis: Suicide after homicide still constitutes the crime of intentional homicide, but if the criminal suspect has committed suicide and died, criminal responsibility is no longer pursued.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 16: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or no prosecution shall be made, or the trial shall be terminated, or acquittal:
1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
2) The statute of limitations for prosecution has already expired;
3) Punishment is waived by a special amnesty order;
4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;
5) The criminal suspect or defendant is deceased;
6. Other laws provide for exemption from criminal responsibility.
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Whether suicide counts as intentional homicide depends on the circumstances:
1. Suicide by appointment: Because the perpetrators did not intentionally deprive others of their lives, attempted suicide generally cannot be considered as intentional homicide.
2. Instigating or helping others commit suicide. It should be punished as intentional homicide, but considering that in the case of instigating or aiding suicide, the act of stopping the person who commits suicide often plays a decisive role, and therefore the punishment should be lenient according to the circumstances of the case.
1. Will the other party be sentenced if he is forced to commit suicide?
If you are forced to commit suicide, the other party will be sentenced. Forced suicide may constitute a criminal offence and may constitute intentional homicide. 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.
Inducing another person to commit suicide refers to the act of intentionally and unlawfully depriving another person of his life. It is a crime of infringing on citizens' personal democratic rights. The right to life is the right of citizens to enjoy their lives not to be unlawfully infringed upon in accordance with the law.
Life is the material premise for the existence of citizens as the subject of rights, and once the right to life is deprived, there is no way to talk about other rights, so the right to life is the most fundamental personal right of citizens.
2. Does instigating others commit suicide constitute the crime of intentional homicide?
A person who instigates and helps another person to commit suicide may constitute the crime of intentional homicide. Instigating a mentally ill person or a minor to commit suicide, because the suicide victim lacks a correct understanding of suicide and the ability to control the will due to the limited mental state or age factors, shall be punished as the crime of intentional homicide; Where the conduct of the suicidal person plays a decisive role, a lenient punishment shall be given on the basis of the circumstances of the case; If the perpetrator's conduct is not very positive and his subjective intentions are motivated by good intentions, he may not be punished as a crime.
3. Handling of suicide cases.
The handling of suicide cases is:
1.Where suicide is attempted, it generally cannot be considered intentional homicide; However, if the perpetrator is entrusted to kill the other party, and then attempts to commit suicide, the crime of intentional homicide shall be constituted, and a lighter punishment may be considered at sentencing;
2.Coercing or inducing another person to commit suicide, and finding out whether the perpetrator actually had the intention to deliberately pursue the death of the suicidal person, and whether the act was sufficient to cause the suicide of another person under certain circumstances, if so, constitutes the crime of intentional homicide.
Article 14 of the Criminal Law of the People's Republic of China: Intentional crimes are committed when one clearly knows that one's conduct will have consequences that are harmful to society and does not weigh society, and hopes or allows such consequences to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility.
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Negligence causing death.
Copy 1Objectively, performance bai
In order for an act that causes death due to negligence, there is a causal relationship between the act and the result of death, that is, manslaughter must have the result of causing the death of another person to constitute this crime. 2.On the subjective side, overconfident negligence refers to the result of the victim's death that has been foreseen and is gullible enough to be avoided.
The perpetrator had neither the intent to harm nor the intent to kill, but it was only because of overconfidence that the victim's death occurred. In this case, objectively, the man's act of jumping off the building caused the death of the old man, although he jumped off the building intentionally, but he did not intentionally hit the old man. The man's act of hitting the old man was due to negligence.
Subjectively, the man should have foreseen that he might hit a pedestrian who happened to pass by when he jumped off the building, but it was a mistake of overconfidence to believe that this could have been avoided. Therefore, it should be found to be the crime of negligence causing death.
There will be no compensation, because suicide is an intentional act and does not belong to the scope of compensation for accident insurance, and the definition of accident refers to the situation of bodily injury to the insured caused by unintentional, external, and unpredictable reasons, such as drowning death is an accident, but suicide death is not an accident, it is an accident caused by the original factor. >>>More
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Rats, who hang themselves, hang themselves after their burrows are dug or their food stored for the winter is stolen.
Article 232 of the Criminal Law of the People's Republic of China provides that 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 to be between three and ten years imprisonment. Article 14 of the Criminal Law of the People's Republic of China provides that a person who clearly knows that his or her conduct will have a result that is harmful to society, and hopes or allows such a result to occur, and constitutes a crime because of his or her leniency, is an intentional crime. Those who commit intentional crimes shall bear criminal responsibility.
Suicide is a late-stage manifestation of depression that can easily develop into suicide if self-blame and self-guilt tendencies develop.