Prostitution and wife murder sentenced to life imprisonment, adultery and husband killing sentenced to fifteen years
Compiled from: Jufa
Prostitution-Related Wife Murder Case
I. Case Review
On May 23, 2020, Zhang San and Xiao Hong went to Fisherman's Wharf to take wedding photos. During the photo session, Zhang San told Xiao Hong that he had engaged in prostitution after marriage and asked if she had an affair. Xiao Hong denied it and refused to forgive his prostitution, leading to a conflict between them.
Around 9 p.m. that day, Zhang San drove a car with Xiao Hong back to Xiangtan City, and they argued in the vehicle. Zhang San accelerated to 160 km/h and turned the car right, intending to crash into the highway guardrail to die together with Xiao Hong. Seeing this, Xiao Hong grabbed the steering wheel to try to straighten it. Eventually, the car hit the right guardrail of the highway, continued forward for a few meters, and stopped. Zhang San got out of the driver's seat, dragged Xiao Hong a few meters behind the car, grabbed her hair, and repeatedly slammed the back of her head onto the highway pavement, causing bleeding. He stopped only after realizing Xiao Hong had lost consciousness.
The traffic police brought Zhang San back to the traffic police brigade to inquire about the detailed process. Zhang San initially avoided answering key details, but after learning that Xiao Hong's condition had improved, he truthfully recounted the incident. Around 4 a.m. the next day, Zhang San was taken by the traffic police to Pingtang Police Station for investigation, where he confessed his crime upon arrival. On the 25th, the victim Xiao Hong died from severe traumatic brain injury caused by blunt force, despite rescue efforts.
Second, Court Opinion
The court of first instance held that the defendant Zhang San unlawfully deprived another person of life, resulting in one death, and his actions constituted the crime of intentional homicide. The charges brought by the public prosecution were established. The defendant Zhang San truthfully confessed his crime upon arrival, which constituted a frank admission, and could be given a lighter punishment according to law. After the incident, the defendant Zhang San actively compensated, admitted guilt, and showed remorse, which could be considered for a lighter punishment at discretion. This case was triggered by marital and emotional issues, and the victim's close relatives expressed forgiveness toward the defendant Zhang San, allowing for a discretionary lighter punishment.
Based on the defendant Zhang San's criminal facts, nature, circumstances, and social harmfulness, the judgment is as follows: The defendant Zhang San is convicted of intentional homicide and sentenced to life imprisonment, with deprivation of political rights for life.
Third, Relevant Legal Provisions
Article 232 of the Criminal Law [Crime of 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, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
The case of cheating and husband killing
I. Case Review
In 2017, the defendant Lan Lan and Xiao Qiang (victim, male, died at age 31) separated due to Lan Lan's extramarital affair. On the afternoon of July 29, 2018, the two drove a car with their biological child to Wafangdian City for artistic photos, then left the child at Lan Lan's father Wang Mou's place and returned to Dalian. During the return trip, they argued over family trivialities and emotional issues. Around 19:00 that day, Xiao Qiang drove to Ganjingzi District, Dalian, stopped the car in the middle of the road, got out, and sat on the ground in front of the vehicle. Lan Lan then moved from the passenger seat to the driver's seat, drove the car to knock Xiao Qiang down, and stopped after the front wheels rolled over Xiao Qiang's body. Xiao Qiang was sent to Dalian Central Hospital for treatment but died from acute massive hemorrhage due to multiple bilateral rib fractures, bilateral hemopneumothorax, liver rupture, right kidney rupture, pelvic fracture, and right femur fracture.
On August 3, 2018, Lan Lan was summoned by the public security organ via telephone and surrendered, truthfully confessing the main criminal facts after arrival.
Second, Court Opinion
The defendant Lan Lan intentionally harmed another person's physical health over trivial matters, causing the serious consequence of one death, severely violating the citizen's right to health and disrupting social order. Her actions constituted the crime of intentional injury. The criminal facts charged by the public prosecution are clear, the evidence is reliable and sufficient, and the charge is established, which should be supported.
After the case was filed, the public security organ summoned the defendant Lan Lan via telephone. Lan Lan truthfully confessed the main criminal facts upon arrival, constituting voluntary surrender. Additionally, the defendant voluntarily compensated the victim's family for certain economic losses, showed remorse, and obtained the victim's family's forgiveness. Accordingly, the defendant Lan Lan was given a lighter punishment according to law, and the corresponding defense opinions were adopted by this court.
In summary, based on the defendant's criminal facts, nature, circumstances, and social harm, the defendant Lan Lan is convicted of intentional injury and sentenced to 15 years of fixed-term imprisonment.
Third, Relevant Legal Provisions
[1] Article 234 of the Criminal Law [Intentional Injury]
Whoever intentionally inflicts injury upon 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 provides otherwise, such provisions shall prevail.
[1] The author's perspective
[2] Both cases involved marital discord leading to disputes and subsequent homicides, but the verdicts differed significantly. Notably, the first case was ruled as intentional homicide, while the second was intentional injury. The key distinction between intentional homicide and intentional injury lies in the difference in criminal intent.
[3] The criterion for distinguishing intentional homicide from intentional injury is the object of the crime. The object of intentional homicide is depriving another of the right to life, whereas the object of intentional injury is depriving another of the right to health. The intent in intentional homicide is to end another's life, hoping for or allowing the victim's death to occur. In contrast, the intent in intentional injury is merely to harm another's body, not to end their life. Even if the injurious act objectively results in the victim's death, it is often due to unforeseen circumstances causing a deviation in the strike or excessive severity of the injury. Therefore, intentional injury resulting in death cannot be equated with intentional homicide.
[4] In the first case, Zhang San first sped into the right guardrail, intending to die together with Xiao Hong. After the collision, he dragged Xiao Hong out and struck the back of her head. These two distinct actions clearly aimed to deprive Xiao Hong of her right to life.
[5] In the second case, Lan Lan drove into Xiao Qiang and then ran over him before stopping. Although this act was extremely egregious, given the ongoing quarrel between the two and Lan Lan's lack of explicit intent to kill, it was more akin to venting frustration during a marital dispute. Thus, a conviction for intentional injury was deemed more appropriate.
[6] Thus, even if cases appear similar, the suspect's motives, methods, and mental state during the crime can influence the case's classification. In fact, marital bonds run deep, and often stepping back can broaden one's horizons. Even if forgiveness is impossible, there is no need to exchange one life for another, as this not only fails to solve the problem but also sacrifices one's own future.
