refused to kill her husband against **, and there was a case of negligent death in Junan, Shandong. A woman refused her ** request because of a discord with her husband, had an argument, and was grabbed by her hair and beaten. As a result, the woman fell down and pressed on her husband, hitting her husband with her elbow, hitting him right in the neck and other places, resulting in her husband's death.
After the deceased's sister found the body, she first called the police. When the police investigated, neither the deceased's wife nor his daughter agreed to the autopsy. The girl even knelt down in front of the deceased's sister and asked not to perform an autopsy and give her father a full corpse.
Since only the wife and the husband were present at the time of the incident, only the wife's personal confession was the case. The wife claimed that she was caught by the hair, so she fell on top of her husband who was lying on the bed and pressed her elbow against her husband's neck and other places, which eventually led to her husband's death.
In the end, the Junan County People's Court ruled in the first instance that his wife was guilty of negligence causing death and sentenced him to three years and six months in prison. The Linyi Intermediate People's Court upheld the original judgment in the second instance.
The deceased's sister expressed dissatisfaction with the verdict, believing that the confession made by her younger brother's wife was not the truth of the case, and that she would apply to the Shandong Provincial High Court for a retrial in order to clarify the relevant details.
Assuming that the wife's confession is true, the husband forcibly cooperates with her. For this case, the most critical factor is whether the husband and wife can be legally established. If it can be established, then the wife's murder of her husband may be justified in self-defense. If it cannot be established, then the wife has violated her marital obligations to kill her husband.
For a long time, marital ** was not legally recognized.
This is because it is generally believed that the husband cannot be the subject of the crime based on the premise of legal marriage. The marriage between a man and a woman means that both men and women will have sexual relations voluntarily in the future of their lives. During the duration of the marriage. This commitment is recognized by law. Correspondingly, if a man and a woman have not lived together for a long time and one party sues for divorce, this circumstance is likely to constitute a statutory circumstance for a direct judgment granting divorce.
However, the above-mentioned view that marital is not valid** has also been revised. For example, the definition of marital within marriage** is restricted. Marriage does not constitute **, here marriage specifically refers to a harmonious marriage in which the husband and wife are harmonious and respectful to each other. If the relationship between the man and the woman is not harmonious, there are frequent quarrels, and the marriage is on the verge of emotional breakdown, and the husband forcibly has a relationship with his wife, in which case there is no legal justification.
For another example, if the husband and wife are already in the cooling-off period of divorce registration, or have gone to the court to sue for divorce, if the marriage is still legal, it is obviously against the fairness and justice of the law.
Finally, the deceased's sister applied for a retrial in order to clarify the facts of the case. Actually, it's not hard to understand. It is indeed contrary to common sense for a woman to strike a man with her elbow while lying down, and the deceased's sister will inevitably have doubts about the true circumstances of the case.