China has not implemented euthanasia It is the first in Chongqing it - not help people euthanasia - sentence to 3 years' imprisonment

China has not implemented euthanasia It is the first in Chongqing it - not help people euthanasia - sentence to 3 years' imprisonment
Paralysed in the bed for a long time, does not want to tie down family, a eighty-year-old old man in Chongqing only asks and dies; A seventy-year-old old man shows deep sympathy, and help her to buy poison at the request of the other side next door, dead that all rescue measures proved ineffectual that the paralysed old man passes after taking poison. Not long ago, defendant Song helping others to commit suicide, because committed the crime of killing on purpose and was sentenced to fixed-term imprisonment for 3 years by the court of Kai County of Chongqing in the first instance, reprieve for 4 years. After the pronouncement of the first instance, Song has not appealed. At present, this judgement has already taken legal effect. " kind " The neighbour is pronounced guilty for three years while rescued, the daughter-in-law of doctor and mother-in-law Zeng asks about the source of poison many times. But mother-in-law Zeng claims, vie for from hands of a little baby, and refuse the doctor's rescue. Appraise by coroner, the intersection of mother-in-law and department Zeng poison to death because of phosphorus thing. On December 10 of the same year, because Song was suspected of being involved in the crime of intentional killing, was detained for criminal act by the police in Kai County, and then recognized. Such strange and eccentric homicide, still belong to the first in Chongqing. On June 17, 2010, the people's procuratorate of Kai County is thought through studying, the behavior of defendant Song has already been suspected of being involved in committing the crime of intentional killing, prosecute to the court. In the court's trial, fact and charge that defendant Song accuses the procuratorial organ are without demur, he hopes the court gives lenient treatment to him. The people's court of Kai County tries thinking, life right is a most important right of citizen, no one can't deprive others of lives illegally with the permission of law. The intersection of defendant and Song know perfectly well oneself offer behavior of pesticide will help the intersection of victim and the intersection of zeng and suicide, have on should endanger the result ing and does not interfere the attitude, is having the one that deprived others' life illegally on purpose subjectively; Here objectively, the behavior of offering pesticide of defendant Song's implementation, have succeeded in playing indispensable important function on zeng's suicide, have causality on criminal law between zeng's death consequence. So, the court thinks the behavior of Song has already formed the crime of intentional killing. Meanwhile, the court seeing that defendant Song helps the victim who is paralysed to commit suicide, the plot is relatively light, subjective and malignant and relatively small, it is a first offender, the attitude toward admission of guilt is better, then punishes and is applied to suspended sentence it on the lenient side. Help people to commit suicide and form the crime in our country, the suicide does not form the crime, attempt to commit suicide, it is impossible to be deal with the crime, has not punished the regulation instigating, helping to commit suicide even more. But in this case, why did Song helping others to commit suicide receive penalty again? The second branch relevant department head of municipal people's procuratorate of Chongqing explains, help to commit suicide, mean that helps others to realize the behavior of the suicidal intention in cases he has already had a suicidal intention. Help others to realize the suicidal intention, usually have two kinds of situations: First, offer the facility that others commit suicide, for example offer injection, medicine or other suicidal tools, and the suicide was implemented in person by it; Second, on the basis of the requirement of the persons who commit suicide, have implemented the homicidal act to the persons who commit suicide, make its realization commit suicide. The last one, law circles usually call that " commissioned and killed " ,In this case, even there is commitment of persons who commit suicide, the cause of the responsibility that can't exempt as murderers either, the murderer must deal with according to the crime of intentional killing. And the first kind of situation, is not usually dealt with crime. But if help the behavior, objectively with certain causality exists between others' death result, and hold and hope for or not interfere the attitude to the emergence of the death of persons who commit suicide subjectively, therefore have certain harmfulness to the society, so should be with " crime of intentional killing " Declare guilty, but should look at the plot on the lenient side or lighten punishment. The judge who undertakes this case claims, Song demands to help others to finish the behavior of committing suicide in conformity with people, belong to lighter situation of the plot in the crime of intentional killing, and Song's attitude toward admission of guilt is good, can punish on the lenient side. By the look of crime fact of this case, Song know perfectly well zeng ask, very much, give her the intersection of poison and certainly commit suicide their wholeheartedly, but Song has still had on once death and does not interfere the attitude, and helped the behavior, so the crime of intentional killing of behavioral composition of Song, should investigate its criminal liability. The intersection of our country and the intersection of " the criminal law " and 76th regulation, declare into criminal of reprieve, in reprieve, test in time limit, investigated by the public security organ, the unit or grassroots organization cooperates, without the intersection of law and situation that article 77 stipulate (in reprieve, test in the time limit making fresh crime or finding judgement have that other crime do not adjudicate declare,) this ,Reprieve and test expiring, the penalty of the original sentence is no longer carried out, and declare openly. Aforesaid judgement in court, Wang Cheng lawyer, Chongqing of city claim court to to declare measurement of penalty guilty to be very much accurate defendant, also have much humanization, have fully reflected the spirit governed by law that legal result and social effect are unified. Meanwhile, he hopes to further improve citizens' cognitive level of law too, prevents the similar tragedy from taking place once again. Buy pesticide " Help people " In death 2007, mother-in-law Zeng almost eighty years old is paralysed in the bed after tripping, can not take care of oneself. In July of 2008, mother-in-law Zeng is sent to home located in god and glad second son, Yang of village, of township in Kai County and supported. 76 -year-old defendant Song now, is Yang's neighbour. Because age is similar, several old men often chat with mother-in-law Zeng together. During that time, mother-in-law Zeng shows out many times, oneself is paralysed and not merely tied down the descendant in the bed, and I suffer hardships, hope the breakfast has been calculated. Such a statement, mother-in-law Zeng's daughter-in-law has heard the old man mentioning too, but they all dissuade from. It is a 80 -year-old person soon too that Song thinks of mother-in-law Zeng, " ask her very much " Manage too understand. One day in autumn of 2008, mother-in-law Zeng has proposed letting Song help to buy 10 slices of sleeping pills clearly. Song understands mother-in-law Zeng too, but he expresses and can not buy. Subsequently, mother-in-law Zeng lets him pass her a basket with rope of family again. Song acts accordingly. After Song left, mother-in-law Zeng solves the rope with the mouth, want to commit suicide. But this behavior is just discovery of Deng of mother-in-law Zeng's daughter-in-law. Mother-in-law Zeng attempts to commit suicide. Son Yang and family are very kind to mother-in-law Zeng. After it was Song that asked about and helped mother-in-law Zeng to commit suicide, family Yang also criticized Song ruthlessly. The masses are in the eyes around, defendant Song is a zealot, there is any sound in the village, can always see him. After the lesson family Yang, " enthusiastic " Song continuation go and mother-in-law Zeng Yang to chat. In the last ten days of November of 2008, zeng will put forward to Song again, buys some pesticide for her and comes from killing. "See she is alive the agony, has asked me many times, I am soft on the heart, promise. " Defendant Song says. In the near future, he will buy 5 " pea medicines " in a shop of neighbouring village ( A pesticide which is similar to a bowl of beans - -Reporter's note) . The smell of this kind of medicine is very discredited, Song wraps medicine with the thick plastic bag after buying, put in the pocket next to the skin. Though mother-in-law Zeng urge Song give medicine her many times, or some Song hesitate. At dusk on December 7, 2008, " a bowl of beans medicine " which Song would not have already crushed silently Put on a desk by mother-in-law Zeng, leave quietly subsequently. At that night, after mother-in-law Zeng had supper, began to take poison. Because the smell of this medicine is very dense, the daughter-in-law washing the bowl in the kitchen has smelt, and know this is " Bowl of beans medicine " Taste,come she immediately room of Zeng mother-in-law,see at this moment sleep in bed mother-in-law sideways already, in the mouth, have white tiny particles on one's body. Mother-in-law Zeng was sent to the hospital and rescued, but before dawn next day, still died after all rescue measures proved ineffectual.

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