Due to a variety of reasons, a pair of divorced but still living together "hard-working mandarin ducks" agreed to die, after the death of their wifeDoes the husband's act of giving up suicidal thoughts after being persuaded by relatives and friends to commit suicide constitute intentional homicide?
Recently, the Nanguan District People's Court of Changchun City, Jilin Province, gave an answer to this somewhat absurd case.
Heilongjiang Province's Dahai and Xiaojuan couple owed a huge amount of debt due to their participation in the "black color", and in order to avoid the debt, the two went through divorce procedures, but continued to live together in the name of husband and wife, and the relationship was good. In order to repay the debt, the two deceived seven victims of a total of more than 300 yuan by forging false real estate procedures on the grounds that a certain community was about to be demolished and that a larger area of houses and temporary relocation money could be obtained after demolition.
Seeing that the matter was revealed, Dahai and Xiaojuan were overwhelmed by the mental pressure, so they had suicidal thoughts, and Xiaojuan proposed to commit suicide by injecting insulin. After checking the injection dose through the Internet, the two purchased insulin, injection needles, and injection pens, and then came to a hotel in Changchun City.
Let's buy some lottery tickets first, and if we win, we don't have to die......"After checking in, the sea offered to buy a lottery ticket, thinking that if he won't kill himself. After the two returned to the hotel, they wrote a suicide note, and on the night of the day they bought the lottery ticket, they found that the lottery ticket they bought did not win.
The sea promised to "send Xiaojuan" away and then commit suicide, and then Xiaojuan continued to inject several insulins into her body, and Xiaojuan began to vomit at 12 o'clock the next day, and Xiaojuan died at 16 o'clock.
The sea cleaned up Xiaojuan's vomit, and then bought back the shroud and high-grade liquor, and wiped Xiaojuan's body and changed her clothes ......That night, Dahai called his relatives ** and informed him of the incident, and under the persuasion of his relatives, Dahai finally gave up his suicidal thoughts, and his relatives rushed to the scene the next day and reported the case to the public security organs.
The Nanguan Court held that the defendant Dahai and Xiaojuan committed suicide together, and that he accompanied Xiaojuan to purchase insulin, injection needles and other items, and clearly hoped and allowed Xiaojuan to die, and that he was in the process of Xiaojuan's deathHaving an obligation to help but never doing so is intentional homicide by omission, and his conduct has constituted the crime of intentional homicide. In view of the relatively small social harmfulness of the defendant's criminal conduct, and the relatively minor subjective malice and personal dangerousness, it shall be found that the circumstances are relatively minor. In view of the fact that the defendant Dahai clearly knew that others were waiting at the scene to call the police, he turned himself in, and he may be given a lighter punishment in accordance with law. In the end, the Nanguan District Court convicted Dahai of contract fraud and sentenced him to 11 years in prison and a fine of 200,000 yuan. He was convicted of intentional homicide and sentenced to 5 years imprisonment, and it was decided to enforce the sentence of 15 years imprisonment and a fine of 200,000 yuan. At the same time, the sea was sentenced to pay back to the 7 victims, totaling more than 260 yuan.
Life has never been an easy task, and in the face of all kinds of difficulties and tests, we can neither wantonly embark on the crooked path of breaking the law and committing crimes, nor can we lightly give up and embark on an irresponsible dead end.
All names in the article have been changed).
|Rule of law**.