1, it is said that blood is thicker than water. What was the purpose of Xiao Xin's killing his father? It turned out that two years ago, Xin was found by his wife Zhou after cheating, and the two had quarrels many times. Every time we quarrel, Xin will fight for weeks. One or two days before the incident, Xinmou ran wild at home after drinking and claimed to hack Zhou with a knife. Because of fear, Zhou secretly called his son for help, and his son immediately took Zhou home to take care of him. After Xin knew it, she called and claimed that if Zhou dared to go home, she would cut her with a knife. On the day of the incident, Xin called to meet and said, "Don't let this family go." Xiao Xin hung up the phone and drove alone. According to Xiaoxin's confession, he just wanted to drive into Xiaoxin to scare him. As a result, he accidentally knocked Xiaoxin to the ground, and then when he turned around and returned, he accidentally rolled Xiaoxin.
According to Xiao Xin's confession, he should want the court to find the crime of negligent death. According to the criminal law, the actor has the possibility to foresee the result of his own behavior and the death of others. Some people fail to foresee, or believe that it can be avoided, and eventually lead to the death of others, which is a crime of negligent death. Moreover, the sentencing period of the crime of negligent death is generally 3 to 7 years in prison. If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years. However, due to Xin's bad behavior, the court will not believe Xiao Xin's statement. After trial, the court held that Xiaoxin, as an adult, should know the possible consequences of a motor vehicle hitting someone, and his behavior of driving into his father was to let go or expect the realization of this harmful result.
Therefore, Xiao Xin has the subjective intention of illegally depriving Xin of his life, and also caused the objective fact of Xin's death, which accords with the subjective and objective elements of intentional homicide. According to the criminal law, the crime of intentional homicide can be punishable by death, life imprisonment or fixed-term imprisonment 10 years. In the end, Xiao Xin was sentenced to life imprisonment. However, Xiao Xin refused to accept the first-instance judgment and thought that the sentence was too heavy.
3. Will the court of second instance reduce Xiao Xin's punishment? During the second trial, Xin's family expressed their understanding of Xiao Xin's behavior. The court of second instance held that Xiao Xin had surrendered himself, but the court of first instance still sentenced him to life imprisonment, which was obviously too heavy. According to the provisions of the Guiding Opinions on Sentencing, those who surrender themselves can be reduced by less than 50% on the basis of the benchmark punishment. No compensation, but with the understanding of the victim's family, the benchmark punishment can be reduced by less than 20%. Besides, when the police examined Xin's body, they did find a knife hidden in Xin's body. Combined with Xin's saying that the whole family doesn't want to live, it can be concluded that Xin has the intention to kill people subjectively. Therefore, the court of second instance sentenced Xiao Xin to fixed-term imprisonment of 12 years.
Finally, Xin died and Xiao Xin went to prison. This result is really embarrassing. In fact, there is absolutely no need for Xiao Xin to make this decision. Xin has long committed domestic violence against Zhou. Xiaoxin can collect evidence and then apply to the court for a personal safety protection order, or help Zhou and Xin divorce. Both of these methods can help Zhou get out of the misery, so why take this way of hurting the enemy with one thousand and eight hundred?
I think, when Zhou saw that her son killed his biological father to protect himself and was finally sentenced to prison, her heart should hurt more than anyone else.