Man pretended to commit suicide and caused his girlfriend to drown: Is the sentence of 12 and a half years lighter?
■ Observer
In this case, the judicial organ comprehensively considered all the factors involved in the case when sentencing and conviction, which embodies the spirit of the law of both leniency and strictness. It is not appropriate to simply conclude that the punishment is "too light."
The case of "a man pretending to commit suicide and his girlfriend rescued from drowning" in Huaian, Jiangsu has aroused widespread public concern.
One morning in February 2019, the man Li quarreled with his girlfriend Sun after drinking, and then pretended to commit suicide by jumping into the river.
His girlfriend Sun knew that he could not swim, so he went to the river to rescue him, but was "dragged to deep water" by his boyfriend and drowned.
Li was convicted of intentional homicide, sentenced to 12 years and 6 months in prison and deprived of political rights for 3 years.
Li pleaded guilty and accepted the sentence without appealing.
The result of this judgment caused an uproar.
Many people think that since it has been deliberate homicide, why is the sentence so light?
The prosecutor handling this case made a public response and analyzed in detail the reasons for the conviction of the case in terms of Li's provisional intention and the circumstances of confession and punishment.
The judiciary identified this case as "indirect intentional homicide," which is different from negligence causing death and direct intentional homicide.
The so-called "direct intention" refers to the occurrence of the perpetrator's initiative to pursue the outcome of the crime and to achieve the criminal goal through action.
And "indirect intentional", it is not actively pursuing the occurrence of criminal results, but adopting a "laissez-faire" attitude knowing that their actions may cause harm to society.
The subjective mentality of "death due to negligence" is that "should be foreseen" but did not foresee the occurrence of harmful results.
In criminal law theory, "indirect intention" and "negligence" have similarities, which is why it is difficult to characterize related cases.
The core of the former is "indulgence", the core of the latter is "unforeseen", but "indirect intentional" killing is still intentional killing.
Judging from the facts of the case, Li did not know how to swim. The purpose of jumping into the river at that time was to let his girlfriend "coax" him, not to actively pursue the crime of killing his girlfriend, so he was not a "direct and intentional crime."
Judging from the series of evidence provided by the prosecutors, Lee's attitude towards the result of his girlfriend's drowning is "indulgence"-although he did not actively pursue his girlfriend's death in a dangerous situation, he adopted " "Don't care" attitude.
This is not a "negligence" mentality, because Li has forcibly dragged his girlfriend to the deep water area, which has already caused a serious threat to his girlfriend's personal safety.
It should be noted that in this case and the deliberate murder of his girlfriend by trapping and drowning his girlfriend, the perpetrator's subjective viciousness is still much lower. The prosecutor called it "out of control after drinking, use the subject", plus the defendant actively pleaded guilty, repented, compensated, and obtained Understand that social harm and subjective malignancy are different from ordinary murders, so they were only sentenced to 12 and a half years in prison, which also reflects the spirit of the law of both leniency and strictness.
From the perspective of the public opinion field of this case, the discussion of netizens should be carried out in an orderly manner in legal channels. "Keyboard Conan" cannot be used to replace strict judicial investigation and evidence collection. A "scheming man killed his girlfriend" story must be made up. Let the judiciary "cloze in".
This case is a tragedy that is escalating step by step. It also reminds men and women in love to cherish life, fear the law, and don't use life to threaten each other.
Make jokes, disputes, begging to be calm.
Otherwise, it would be a tragedy to die; to kill the other person would constitute a crime.
In the end, regret is beyond reach.
□Shen Bin (media person)