If the crime of intentional homicide is attempted, a lighter or mitigated punishment may be given in comparison with the crime of accomplished homicide. Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
1、 The crime of intentional homicide refers to the act of deliberately and illegally depriving others of their lives. Attempted crime refers to an attempt to commit a crime that has been initiated but has not been accomplished due to reasons other than the will of the criminal.
2、 Elements of intentional homicide:
1. The object of this crime is the right to life of others.
2. Objective elements: This crime is objectively manifested as the act of illegally depriving others of their lives.
3. The subject of this crime is the general subject.
4. Subjective elements: Subjectively, this crime must have the intention of illegally depriving others of their lives, including direct intention and indirect intention.
[Legal Basis]
Article 232 of the Criminal Law of the People's Republic of China states that whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
