An ice cream leads to a bloody incident! Woman allegedly stabs boyfriend to death after being called fat

On August 14, a shocking murder occurred in Zhumadian, Henan. A couple quarreled while shopping, and the woman, in a fit of rage, grabbed a knife from a roadside shop and stabbed the man to death.

According to an eyewitness report,The reason for the conflict between the two turned out to be: an ice cream?!

A leaked chat record online shows: because the weather was hot that day,The woman said she wanted to eat ice cream, but the man said she was too fat.This remark angered the woman, who then picked up a knife from a two-yuan store by the roadside and stabbed the man in the chest.

On August 15, a medical staff member at Zhumadian Central Hospital stated that the victim wasThe stabbed area was near the heart, and the victim has died. The deceased was born in 1995.。”

At 00:33 on August 15, the Xuesong Branch of the Zhumadian City Court issued a police report.

At around 10:00 on August 14, 2019, the 110 command center of the city court received a report from the public that a man was stabbed near the Shanghai Mall on Fengguang Road in the urban area. Police quickly arrived at the scene and sent the injured man, Zhang, to the hospital for treatment.

Investigation revealed that on the morning of the incident, the suspect, Wang (female), and the victim, Zhang (male), had an argument over trivial matters while shopping. Wang stabbed Zhang with scissors. The police have since apprehended the suspect, Wang, and the victim, Zhang, died despite rescue efforts.

The case is currently under further investigation.

　　Regarding this incident, some netizens asked: Does this count as a crime of passion?

　　A lawyer from Guangdong Zhiming Law Firm stated,A crime of passion is not a specific charge but a type of intentional homicide. Intentional homicide generally includes premeditated murder and murder on the spur of the moment.A crime of passion falls under murder on the spur of the moment, and therefore also constitutes intentional homicide.

What is "crime of passion"?

　　Crime of passion:That is, without any prior intent to kill, but under the provocation or teasing of the victim, the perpetrator loses reason and self-control, resulting in the death of the victim. Crime of passion is merely a term used in criminal investigation to describe the criminal process. In court defense, it cannot be used as a ground for exemption from liability. At the same time, China's criminal law does not define this term; from a legal perspective, it is only used to analyze the perpetrator's subjective motive and subjective malignancy, rather than being a precise charge.

　　The subjective malignancy of a crime of passion is lower than that of premeditated murder,and the perpetrator's personal danger is also lower. Therefore, lenient punishment for crime of passion is not only reflected in the Supreme People's Court's "Several Opinions on Implementing the Criminal Policy of Tempering Justice with Mercy," but is also supported by general legal theory.

What conditions must be met for a "crime of passion"?

"Passion killing" must meet the following conditions:

First, it must becaused by the victim's serious fault,triggering intense emotional fluctuations in the perpetrator;

Second, the perpetratorsuffers severe mental stimulation.[1] Temporarily losing rationality, with diminished or impaired cognitive ability and self-control.

[2] Third, it must be carried out on the spot in a state of intense emotional agitation.

[3] Based on the currently known facts of the case, merely calling the girlfriend fat cannot be considered a serious fault of the victim, nor can this situation be deemed sufficient to cause the woman to lose rationality due to strong provocation.[4] Therefore, the woman's actions do not constitute what is referred to here as a crime of passion.

[5] How is "crime of passion" punished?

　　[6] According to judicial practice, a crime of passion falls under the "relatively minor circumstances" of intentional homicide. Article 232 of China's Criminal Law stipulates: Whoever intentionally commits homicide shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years.For minor cases, the penalty is fixed-term imprisonment of not less than three years but not more than ten years.

However, according to the Supreme People's Court's "Several Opinions on Implementing the Criminal Policy of Combining Leniency with Severity":

　　22、For those who are in loveMarriage, family, neighborhood disputes, and other civil mattersCrimes triggered by the intensification of contradictions[1] Crimes arising from labor disputes, improper management, or other reasons, where the criminal motive is not particularly heinous, or crimes triggered by the victim's fault, righteous indignation, or involving defensive elements in sudden incidents,[2] should be given lenient punishment as appropriate.。

[3] Unexpectedly, the "life-or-death question" joked about between lovers turned out to be a prophecy.