Traditional Culture Encyclopedia - Traditional customs - A wants to kill his wife B, and is going to put arsenic in B's rice bowl, mistaking white sugar for arsenic.
A wants to kill his wife B, and is going to put arsenic in B's rice bowl, mistaking white sugar for arsenic.
(1) The subject of the crime. Refers to a person who commits a crime. The subject of the crime in this case is a.
(2) Subjective aspects of crime. It refers to the psychological state of the criminal subject's criminal behavior and its results. There are two kinds of subjective psychological state of crime, namely intention and negligence. In this case, A has the subjective intention to kill B..
(3) The objective aspect of crime. Refers to the concrete manifestation of criminal behavior. In this case, there is the act of putting "arsenic" into the rice bowl.
(4) the object of crime. Refers to the social relations protected by criminal law and infringed by criminal acts. In this case, B's right to life should not be illegally violated, which is the criminal object of this case.
This case belongs to the crime of intentional homicide (attempted homicide). According to the provisions of Article 232 of China's Criminal Law, it refers to the act of intentionally and illegally depriving others of their lives, but it fails due to reasons other than the will of the actor. A supervisor's will is to put arsenic in his rice, and mistake white sugar for arsenic outside A's will, so he can be convicted and sentenced according to the crime of intentional homicide (attempted). Thanks for reading!
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