When I first got acquainted with the great northwest, I read Lu Yao's "Ordinary World" when I was in college, showing the difficult and tortuous road that many ordinary people of all walks of life in the northwest of China have walked in the historical process of the great era.
At the beginning of the year, in a market in a town in the northwest, Z (the main offender, with a history of drug abuse for many years, suffering from an acute and transient psychotic disorder at the time of the crime and not having the capacity for criminal responsibility, and now being subjected to compulsory medical treatment) and C (accomplice, Z's mother, now detained in the detention center) were having breakfast at W's breakfast shop. In the end, the victim W died on the spot due to multiple stabbing of multiple parts of the body with a single-edged stabbing device, causing the rupture of large blood vessels and causing massive blood loss.
Z is an adult, unemployed, lives with his mother C, has a history of drug abuse for many years, and has relapsed several times during this period;c. Be at least 75 years old and unemployed. z and c constitute joint intentional homicide.
The crime of intentional homicide is an extremely serious crime, which is not only a violation of the right to life of the individual, but also poses a threat to society as a whole and to the legal order. Legally, intentional homicide is the act of a person deliberately depriving another person of his life, which constitutes the crime and can be punishable by life imprisonment or even the death penalty.
However, we also know that not every circumstance that results in the death of another person constitutes intentional homicide. Legally, the elements of the crime need to be met before the perpetrator can be found to have committed intentional homicide. First, the perpetrator must have the intent to kill;Second, there is a direct causal relationship between the act of killing and the outcome of death;Finally, the perpetrator must have reached criminal age and have the capacity for criminal responsibility.
Article 18 of the Criminal Law of the People's Republic of China stipulates that "a mentally ill person who causes harmful results when he is unable to recognize or control his own behavior, and is evaluated and confirmed through legal procedures, shall not bear criminal responsibility, but shall be ordered to strictly supervise and treat his family or guardians."
From a legislative point of view, article 18 of the Criminal Law stipulates that a mentally ill person can only be held criminally liable if he causes harmful results when he is unable to recognize or control his or her own behavior. The "mental illness" of the "mentally ill" here should be a disease formed by the appearance of lesions in the human nervous system, which is different from the mental illness caused by active psychotropic substances after drug abuse and drunkenness. Therefore, the perpetrator cannot be allowed to kill the victim due to acute mental disorder caused by drug use hallucinations, and still be exempt from the death penalty, that is, drug use cannot benefit the perpetrator, otherwise more criminal acts will be condoned. This act is called a "freedom of cause act" in criminal law.
The basic principle for determining criminal responsibility is the unity of subjectivity and objectivity, while the "freedom of cause" is not unified subjectively and objectively, and the perpetrator has the capacity for criminal responsibility at the time of the cause act, that is, in a state of complete consciousness, he is allowed to fall into a certain state of loss of ability to recognize or control his own behavior, causing the perpetrator to carry out harmful results. If the perpetrator objectively deliberately puts himself in a state of incapacity and causes a harmful result in this state, it is certain that there is a causal relationship between the previous causal act and the result, which is punishable. Therefore, if the perpetrator of the act of freedom of reason intentionally causes himself to fall into a state of incapacity for criminal responsibility and then commits a crime, he shall be investigated for criminal responsibility.
As the criminal accuser of this case, the author explained the above-mentioned jurisprudence of "freedom of cause" and the relevant guiding cases to the case-handling personnel, and replied to me, "Your set is all in textbooks, and we don't understand it, but it is difficult to support the death penalty on our side, and we are very cautious about the death penalty."
"The Ordinary World" tells us the true meaning of life: man, no matter where he is, no matter how poor he is, as long as he has a fiery heart, as long as he can love life, God is equal to him. Experience life with your own sincere heart, after all, life belongs to us only once. Treating suffering as happiness is also a kind of sweetness, and you will not complain meaninglessly because of the occurrence of suffering.