Haihai and Xiaojuan in Heilongjiang Province divorced in order to avoid debts because they owed huge debts, but they still lived together as husband and wife.
In order to repay the debt, the two fictitious that a certain community was about to be demolished and could get temporary relocation money, and defrauded 7 victims of a total of more than 300 yuan.
Seeing that the matter was revealed, Dahai and Xiaojuan had suicidal thoughts, and Xiaojuan proposed to commit suicide by injecting insulin. The sea promised to "send Xiaojuan away" before committing suicide, and then Xiaojuan committed suicide. The sea eventually gave up suicidal thoughts.
The court held that the defendant's conduct at sea constituted the crime of intentional homicide.
1. If both of them commit suicide, will they be held criminally responsible?
If both people commit suicide, then there is no doubt that the law will not pursue it, and it cannot be pursued, because the person who died is not criminally responsible.
According to article 16 of the Criminal Procedure Law, criminal responsibility shall not be pursued for the death of a criminal suspect or defendant, and where the case has already been pursued, the case shall be withdrawn, or no prosecution shall be instituted, or the trial shall be terminated, or acquittal shall be declared.
2. Is it a crime to not commit suicide in the sea?
The sea helped Xiaojuan commit suicide. Through reports, Dahai accompanied Xiaojuan to buy insulin, injection needles and other items, and provided help for Xiaojuan to commit suicide.
The sea has the obligation to rescue Xiaojuan. He did not rescue Xiaojuan in time, and he had the obligation to rescue but never did so, which was intentional homicide by omission.
According to article 14 of the Criminal Law, a person who clearly knows that his or her conduct will have a result harmful to society, and hopes or allows such a result to occur, thus constituting a crime, is guilty of an intentional crime.
Therefore, the sea and Xiaojuan made an appointment to commit suicide, and they had a hopeful attitude towards the outcome of Xiaojuan's death. The sea should constitute intentional homicide.
However, in practice, there is a significant difference between this kind of behavior and direct homicide, and the court will generally impose a lighter punishment on the party who attempts suicide.