On January 31, 2024, the China Procuratorate Network announced a **. Dingxi, Gansu. Li, 48 years old, illiterate, farmer, from ** village, Pingxiang Town, Tongwei County, Dingxi City.
On the evening of August 17, 2023, Li assaulted Ms. Dang on suspicion that his wife, Ms. Dang, had an improper relationship with others.
At about 8 o'clock in the morning of the next day, Li had another quarrel with his wife, Ms. Dang, and the two sides fought on the kang in the bedroom on the first floor of his residence. Li repeatedly knocked Ms. Dang's head against the wall. Later, Ms. Dang lay down on the kang, and Li hit Ms. Dang's waist, buttocks and legs for a long time with a wooden stick.
In the afternoon of the same day, Li found that his wife, Ms. Dang, was confused, so he called a neighbor to help take care of him at about 15 o'clock and dialed 120 emergency **.
At about 16 o'clock in the afternoon of the same day, Ms. Dang was pronounced dead.
After judicial appraisal, Ms. Dang was found to have died of traumatic shock caused by extensive soft tissue injury caused by blunt external force.
After evaluation, Li was in a normal mental state at the time of the case and had full capacity for criminal responsibility.
On August 19, 2023, the Tongwei County Public Security Bureau criminally detained Li on suspicion of intentional injury, and arrested and detained him in the Tongwei County Detention Center on August 31, 2023.
The case was investigated by the Tongwei County Public Security Bureau, and the case of Li's intentional injury (causing death) was transferred to the Tongwei County People's Procuratorate for review and prosecution on October 31, 2023.
The Tongwei County People's Procuratorate found that Li intentionally injured others, causing the death of one person, and should be investigated for criminal responsibility for the crime of intentional injury.
According to article 234 of the Criminal Code, the crime of intentional injury refers to the criminal act of intentionally and unlawfully causing bodily harm to another person to a certain degree of gravity punishable by criminal law.
In the objective aspect, this crime is manifested in the commission of acts that unlawfully harm the body of others: 1. There must be acts that harm the body of others; 2. The act of harming the body of another person must be carried out illegally; 3. In order to constitute this crime, an act that harms the body of another person must have caused a certain degree of damage to the person's body.
This crime is manifested in the subjective aspect as intentionality. That is, the perpetrator clearly knows that his or her conduct will cause a result that is harmful to the physical health of others, but hopes or allows such a result to occur.
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. where serious injury is caused, the sentence is between three and ten years imprisonment; 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.
Specifically, in this case, Li's ability to truthfully confess his crime after arriving at the case is a confession, and according to the third paragraph of Article 67 of the Criminal Law, he can be given a lighter punishment.