How should a Didi driver who rapes and kills a passenger be sentenced?

📅 2018-08-30 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #Sentencing #Driver #Rape #Murder #DidiCar #DidiDriver

How should a Didi driver who rapes and murders a passenger be sentenced? Didi Chuxing is the largest ride-sharing platform in China, and its carpool service, due to its reasonable pricing, is very popular among passengers. However, the quality of Didi drivers varies, and some drivers may have ill intentions toward female passengers.How should a Didi driver who rapes and kills a passenger be sentenced?

How should a Didi driver who rapes and kills a passenger be sentenced?

According to the provisions of China's criminal law, if a Didi driver rapes a female passenger, he can be held criminally liable for the crime of rape.

"Criminal Law of the People's Republic of China"

  Article 236 [Crime of Rape] Whoever rapes a woman by violence, coercion, or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Whoever rapes a girl under the age of fourteen shall be deemed to have committed rape and shall be given a heavier punishment.

Whoever rapes a woman or has sexual intercourse with a female child under the age of 14 shall, under any of the following circumstances, be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death:

(1) The circumstances are flagrant in raping a woman or having sexual intercourse with a female child under the age of 14;

(2) Raping multiple women or having sexual intercourse with multiple female children under the age of 14;

(3) Raping a woman in a public place in the presence of others;

(4) Gang rape by two or more persons;

(5) Causing serious injury, death, or other serious consequences to the victim.

How is a Didi driver who commits murder sentenced?

If a Didi driver kills a passenger after accepting an order, they may be held criminally liable for intentional homicide under criminal law, with a maximum sentence of the death penalty.

 Criminal Law of the People's Republic of China

Article 232 [Intentional Homicide] Whoever intentionally commits homicide shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years; if the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 233 [Negligent Homicide] Whoever negligently causes the death of another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where this Law has other provisions, those provisions shall prevail.

Article 234 [Intentional Injury; Organized Trafficking in Human Organs] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph, causing serious injury to another person, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if causing death, or causing serious injury by particularly cruel means, resulting in severe disability, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. Where this Law has other provisions, those provisions shall prevail.

The above knowledge is the editor's explanation of "The driver of a ride-hailing car who rapes and kills a passenger shall be sentenced to death.According to the provisions of China's Criminal Law, if a Didi driver rapes a female passenger, he can be held criminally liable for the crime of rape. If a Didi driver kills a passenger after accepting an order, he can be held criminally liable for intentional homicide under the Criminal Law, with a maximum penalty of the death penalty. Readers in need of legal assistance are welcome to visit Guangdong Zhiming Law Firm.http://www.zhiminglawyer.com/Legal consultation. Readers who need legal assistance are welcome to contact us by phone for legal consultation.

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