"What's that? Abuse, seven years? Fang Yi was stunned.

"yes, that's how it was judged." Wang Deyou said.

"No, there is a problem with the verdict in this case. How can it be a competition of laws? Did the procuratorate protest? Fang Yi looked at Wang Deyou and asked.

"I protested." Wang Deyou replied: "The procuratorate believes that:

The first defendant, Guan Xianghong's abusive acts, could not absorb the intentional harm acts he committed, and there was no competing relationship between the crimes of abuse and intentional injury, and the original judgment had a wrong understanding of the law, improperly applied the law, and was inaccurate in its characterization.

Second, Guan Xianghong intentionally harmed others and caused death, and in accordance with article 234 of the Criminal Law, he should be sentenced to fixed-term imprisonment of more than 10 years. The original sentence was improper. ”

"How was the second instance decided?" Fang Yi asked.

"You first tell me what the problem is, and then I'll tell you how the second trial was judged." Wang Deyou said with a smile.

"What about fishing? Deliberately leave a hook and wait for me. Fang Yi smiled.

"Tell me, let's talk about it...... our brothers are still hiding, and they are not consulting the parties...... "Wang Deyou didn't answer his words, just urged him hard.

"In this case, the procuratorate prosecuted for the crime of intentional injury, and the court sentenced the defendant to the crime of abuse, and I think the procuratorate is right in convicting the crime, and there is a legal basis for protesting. The court misconnected the two charges.

These two counts ...... The difference between a fraction of a second is much worse. Fang Yi said.

"You explain it." Wang Deyou sat up straight, leaned forward, and stared at Fang Yi with his eyes.

Wang Deyou still knows Fang Yi well, if you introduce the case to him, Fang Yi will definitely automatically use his brain to analyze the case, this may be an occupational disease, just like the police who engage in anti-pickpocketing, everyone looks like a thief, it is completely a conditioned reflex.

"Well, when you were presenting the case just now, I was thinking about the legal relationship between long-term abuse and causing death. Let's first talk about whether there is a legal competition between the crime of abuse and the crime of intentional injury.

Competing legal provisions refer to the fact that a criminal act meets the constitutive elements of several crimes at the same time, and there is an overlapping or inclusive relationship between these crimes, but only one crime can be applied at the time of conviction and sentencing, and the application of other crimes is excluded.

Imaginary competition refers to the fact that the perpetrator commits a crime that commits several crimes at the same time, and there is no necessarily inclusive or overlapping relationship between the several crimes.

Therefore, the key to judging whether there is a competing legal relationship between the crime of abuse and the crime of intentional injury lies in whether there is an overlapping or inclusive relationship between the constituent elements of the two crimes.

According to articles 234 and 260 of the Criminal Law, the constituent elements of the crime of maltreatment and the crime of intentional injury are not the same, and there is no overlapping or inclusive relationship in the constituent elements. Specifically:

First of all, the subject of the crime of abuse is a special subject, which is constituted only when the perpetrator and the victim have a family relationship. The subject of the crime of intentional injury is a general subject, not necessarily a family member.

Second, the crime of abuse subjectively intends to cause physical and mental destruction and torture of the abused person, and the perpetrator does not want to directly cause the victim's injury or death, and the victim's injury or death is the result of long-term abuse. The perpetrator of the crime of intentional injury subjectively actively pursues or allows the consequences of the harm to occur.

Thirdly, the crime of abuse violates the equal rights of family members in family life and the personal rights of the victim. The crime of intentional injury, on the other hand, violates the right to physical health of another person.

Finally, the abuse in the crime of ill-treatment is continuous, regular, and consistent, which is the cause of the victim's injury or death, and a single act of ill-treatment is not sufficient to constitute the crime of ill-treatment, let alone cause the victim's death or injury. However, the physical injury to the victim of the crime of intentional injury is generally formed at one time.

What's the defendant's name? Fang Yi said this, and suddenly asked.

"Guan Xianghong. The defendant's name was Guan Xianghong. Wang Deyou replied.

"Well, I think that the defendant in this case, Guan Xianghong, committed two criminal acts, one is long-term abuse; The other is the last act of intentional harm.

In the course of abuse, Guan Xianghong's last intentional act of intentional harm to the victim cannot be tolerated by the abuse, but constitutes an independent and objective act in the sense of the criminal law.

It can be seen from this that the perpetrator's current act and his previous abusive acts are not "the same act" in the sense of the criminal law, and can be completely separated from the previous abusive acts and can be evaluated separately.

Therefore, I believe that there is no legal competition between the defendant's intentional injury and the abuse. Fang Yi explained.

"Then you say, in this case, how should the defendant be convicted of intentional harm in the course of abuse?" Wang Deyou asked.

"I've been exposed to a few cases of this kind before.

In real life, the defendant often commits intentional harm in the process of abusing family members, and often the result is that the abused person is injured or killed.

In my opinion, if the perpetrator intentionally harms the abused person for a long time, but does not cause more than minor injuries to the victim, it should be found to be the crime of abuse.

However, in the course of regular abuse, where the perpetrator clearly knows that his or her conduct will cause physical harm to the victim, and objectively has already caused harm to the victim, it shall be found to be the crime of intentional harm.

If, after the harm is separated and independently evaluated, the other acts of abuse constitute the crime of abuse, the crime of abuse and the crime of intentional injury shall be punished concurrently.

If, after the act of harm is separated, the rest of the abuse does not constitute the crime of abuse, it can only be punished as the perpetrator committing the crime of intentional injury, one crime.

Returning to this case, the defendant Guan Xianghong had abused the victim he was raising by committing violent acts for a long time in his family life, and the circumstances were heinous, and even if there was no such act, a series of abuses he had carried out before were sufficient to constitute the crime of abuse.

Guan Xianghong's conduct was due to the violent means used to beat the victim after discovering that the victim had gone out, and the degree of violence far exceeded the ordinary beating in domestic abuse, and caused a serious result of the victim's death, and his subjective intent was no longer to abuse, but to directly harm the victim's physical health.

Therefore, I believe that the defendant should be punished for the crime of maltreatment and intentional injury, and the punishment for multiple crimes should be combined.

However, according to article 260 of the Criminal Law, where the crime of abuse has not yet caused serious injury or death to the victim, the complaint will be dealt with.

The abusive acts committed by the defendant in this case before the last assault on the victim had not yet resulted in serious injury or death of the victim, and the victim had not filed a complaint about it before his death, so the defendant's abusive acts could not be pursued for criminal responsibility.

Therefore, I suspect that the court of second instance will convict and sentence the defendant for the crime of intentional injury.

Come on, it's time to uncover the mystery! Fang Yi stretched out his right hand and made a gesture of invitation to Wang Deyou.