How to sentence foreign male and female tuyeres who are arrested for crimes of foreign nationality
4hw.org: Recently, a foreign man pushed a female worker, which caused a heated discussion. It is reported that the man retired a female worker from the track at Yuen Long light rail station in Hong Kong. The court held a court session to hear the case. It's beyond reproach that the crime of intentional injury was committed. But the case involves nationality, so how should a foreign person be sentenced for a crime? Let's take a look at it!
A foreign man is caught pushing a cleaning woman off the track in Hong Kong subway
Beijing, Oct. 23 (Xinhua) - a foreign man was arrested and charged with a crime of wounding a cleaning woman at Yuen Long light rail station in Hong Kong. The case was heard in the Tuen Mun magistrates' court this morning.
A foreign man is suspected of pushing a cleaning woman off the track at Yuen Long light rail station in Hong Kong. The case was postponed to December 18 for retrial.
At the request of the prosecution, the magistrate postponed the trial until December 18, pending further investigation and legal advice from the police. For the time being, the defendant does not have to answer, but remains in custody.
The 56 year old defendant was charged with illegally and maliciously injuring a woman on platform 5, Yuen Long terminus, MTR on 21 this month. The injured female worker suffered from fracture after falling down the rail and needed to be stitched for jaw injury.
How to sentence the crime of intentionally injuring foreign male and female push workers?
The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others. The object of this crime is the body right of others. The so-called body right refers to the personality right of a natural person to maintain the integrity of his limbs, organs and other organizations. The subjective aspect of this crime is intentional. In objective aspect, this crime is manifested as the act of illegally damaging others' bodies.
Article 234 of the criminal law of the people's Republic of China Whoever intentionally injures 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 and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; whoever causes death to a person or causes serious injury to a person by special cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. If there are other provisions in this law, they shall prevail.
The boundary between this crime and intentional homicide
Generally speaking, the two crimes are not difficult to distinguish, but they are easy to be confused when there are two situations, one is intentional attempted homicide causing injury or the other is intentional injury causing death. The main difference between the two crimes lies in whether the actor takes illegally depriving others' lives as the intentional content. If the perpetrator has no intention of illegally depriving others' lives, and only intention of harming others' health, even if the act leads to the death of others objectively, it can only be identified as the crime of intentional injury to death; if the perpetrator has the intention of illegally depriving others' lives, even if the act does not result in the death of others, it also constitutes the crime of intentional homicide (attempted). In judicial practice, to determine whether the intentional content of the perpetrator is to harm or kill, we should follow the principle of subjective and objective consistency, find out all the facts of the case, from the relationship between the perpetrator and the victim, the cause, process, result, means of committing the crime, tools used, parts of the attack, intensity, time, place, environmental conditions, table before and after the perpetrator committed the crime Now and so on, carries on the comprehensive analysis, the judgment.
The boundary between this crime and the crime of causing death by negligence
In the case of intentional injury to death, the similarity between the two is that they both cause the result of the victim's death objectively, and the actor's psychological attitude towards the occurrence of the result of death is often shown as negligence subjectively. The fundamental difference between the two crimes is that the former crime has the intention to hurt others, and the result of its death is caused by reasons other than the will of the perpetrator; the latter crime has no intention of crime, which is caused by negligence. In judicial practice, it is very important to find out whether the perpetrator has criminal intention according to the case.