A murder weapon is an instrument that can kill people in nature or use. Whether it belongs to the murder weapon in criminal law depends on whether ordinary people directly feel the danger to human life or body from the perspective of social identity. Article 234 of the Criminal Law stipulates that whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.

Legal objectivity:

Theft refers to the act of obtaining property or other substances without the permission of others, thinking that they will not be discovered or maintained by others in time. This is the oldest crime against property, almost as old as the history of private ownership. The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of theft cases. 1. How to identify theft? Theft refers to the act of secretly stealing a large number of public and private property for the purpose of illegal possession. (a) the amount of theft refers to the amount of public and private property stolen by the perpetrator through the implementation of theft. (2) Theft has been started, but due to reasons beyond the will of the actor, no loss of public or private property has been caused, which is an attempted theft. Attempted theft, if the circumstances are serious, should also be convicted and punished according to law, if huge amounts of cash, national precious cultural relics or valuables are clear theft targets. (3) If a person who has reached the age of 14 and is under the age of 16 commits habitual theft or the amount of theft is huge, he shall be investigated for criminal responsibility in accordance with the provisions of Article 14 of the Criminal Law and be given a lighter or mitigated punishment according to law. (4) Theft of public or private property refers to both tangible property and intangible property such as electricity, gas, natural gas and important technological achievements. Whoever steals someone else's long-distance telephone account number and code number and causes losses and steals someone else's illegal income, if the amount is relatively large, shall be convicted and punished for theft. (5) Whoever steals the property of his own family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, it should also be different from committing crimes in society. Two, how to identify the stolen property as "a large amount", "a huge amount" and "a particularly large amount"? (a) personal theft of public or private property value more than 500 yuan to 2000 yuan, as a "large amount". (two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, as a "huge amount". (III) Individuals who steal public or private property with a value of more than 30,000 yuan to100,000 yuan shall be deemed as "extremely huge amount". The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and considering the social security situation, determine the amount standard to be implemented in the region with reference to the above amount, and report it to the Supreme People's Court and the Supreme People's Procuratorate for the record. (four) theft cases occurred in the process of railway transportation, and the "large amount" of theft started in 400 yuan; "The amount is huge" starting from 4000 yuan; "The amount is extremely huge" starts from 30,000 yuan. Third, how to calculate the amount of stolen goods? (1) The price of stolen goods shall be calculated in RMB according to different circumstances, according to the price of the defendant at the time of committing the crime and the local similar goods, and according to the following nuclear price principle: 1. Commodities in the circulation field are calculated according to the middle price of the market retail price; Belong to the national price, according to the national price calculation; If it belongs to the national guidance price, it shall be calculated according to the maximum price limit of the guidance price. 2. For the products on the production site, the finished products shall be calculated according to the method specified in the preceding paragraph; Semi-finished products can be converted according to the actual stage in the production process and the price of finished products. 3 units and citizens' means of production, means of subsistence and other items are calculated according to the purchase price in principle, but if the current market price is higher than the original purchase price, it shall be calculated according to the middle price of the current market price. 4. Agricultural and sideline products, such as grain, pigs, sheep, poultry and fish. , should be calculated according to the middle price of similar products in the farmer's market. Large livestock, such as cattle, horses, donkeys, etc. , should be calculated according to the medium price of similar large livestock in the large livestock trading market. 5. Import and export materials and articles shall be calculated according to the method specified in this item 1. 6 gold, silver, jewelry and other handicrafts (including ornaments and utensils, etc.). ), according to the retail price of state-owned stores; State-owned stores that are not for sale shall be calculated at the price approved by the competent department of the state. Gold and silver are calculated at national prices. 7. Foreign currency shall be calculated according to the foreign exchange selling price announced by the State Administration of Foreign Exchange on the day of theft. 8. General cultural relics (including antiques, Gu Shuhua, etc. ) does not belong to the collection of three or more, according to the general retail price of state-owned cultural relics stores or the price approved by the national cultural relics department. (2) Valuable payment vouchers, securities and bills shall be calculated as follows: 1. Securities and certificates without loss reporting, securities and bills, regardless of whether they can be cashed immediately, shall be calculated according to the par value and the interest, dividends or bonuses due at the time of committing the crime. Shares are calculated according to the average transaction price of such shares announced by the stock exchange on the day of theft. 2. Registered payment vouchers, securities and bills with fixed face value that can be cashed immediately, such as current passbook, expired time passbook and cheque with filled amount, bill of lading that can be picked up without proof procedures, etc., shall be calculated according to face value (including interest due at the time of crime) or the value that can be picked up. If the face value is undetermined, it can be cashed immediately (such as a blank check with a seal, etc.) ), it will be calculated according to the actual real estate value. Registered payment vouchers, securities and negotiable instruments that cannot be cashed immediately, or destroyed or abandoned that can be cashed immediately, and the owner can avoid the actual loss by reporting the loss, reissue it or completing the formalities. None of them are calculated according to the face value, which can be considered as the plot of sentencing. (three) the same kind of bulk stolen goods, the owner bought at multiple prices, which can be distinguished, should be calculated separately; If it is difficult to distinguish, it can be calculated according to the medium price of this kind of goods. (4) If the stolen goods are damaged, the original value of the stolen goods shall still be calculated. If the stolen goods have been stolen, squandered, unrecoverable, discarded or damaged, or changed hands many times, and the original shape has been damaged, the value of the original stolen goods shall generally be determined according to the statements and testimonies of the victims and witnesses, the valid vouchers provided and the confession of the criminals themselves, and in accordance with the principle of nuclear price stipulated in Item (1) of this article. (5) The price of obsolete, damaged or used stolen goods shall be determined by the relevant departments in combination with the price of similar goods at the time of committing the crime and the obsolescence at the time of theft. (six) defective products, according to the price approved by the competent department; The waste products are calculated according to the purchase price of the material recovery department; Fake and shoddy goods should be calculated according to their actual value. (seven) the goods purchased by the owner at a price significantly lower than the retail price of the local market at the time of theft shall be calculated according to the principle of nuclear price stipulated in Item (1) of this article. (8) The amount of stolen goods after theft shall be considered as a sentencing circumstance, but if the amount of stolen goods is higher than the amount of theft calculated according to this interpretation, the amount of theft shall be calculated according to the amount of stolen goods. (9) Whoever steals contraband such as drugs and obscene articles, regardless of the amount, shall be punished as theft and sentenced according to the seriousness of the case. (ten) if the price of stolen goods is unknown or difficult to determine, it shall be entrusted to the relevant competent department or relevant professionals for approval. The unit entrusted to check the price of stolen goods shall issue an appraisal conclusion after checking the price, affix the seal of the price department, and be signed or sealed by the appraiser or appraiser. (eleven) for repeated theft constitutes a crime and should be prosecuted according to law, the amount of theft should be accumulated and punished according to the crime. For the theft that has been dealt with, even if the original punishment is light, the amount of theft cannot be recalculated and the punishment repeated. A person who has reached the age of 14 and is under the age of 16, who steals a large amount, shall not bear criminal responsibility according to law, and the amount of theft shall not be included in the theft committed after 16. Fourth, how to treat the plot of the theft? (1) The amount of theft is an important criterion for theft, but it is not the only criterion for conviction and sentencing. In addition to the amount of stolen goods, it should also be comprehensively analyzed according to other specific circumstances of the crime, the guilty attitude of criminals, and the performance of returning stolen goods. And make a correct conviction and sentencing. Although individuals who steal public or private property do not meet the starting penalty standard of "large amount", they can also be investigated for criminal responsibility under any of the following circumstances: 1. Pickpocketing many times; 2. Stealing by destructive means, causing heavy losses to public or private property; 3. Multiple burglaries; 4. Instigating minors to steal; 5. The criminal steals during the period of reform through labor and reeducation through labor; 6. Stealing during the probation period of probation or parole, or during the execution outside prison; 7. Being punished by public security for theft for more than 3 times or being reeducated through labor for more than 2 times, and stealing again within 2 years; Being exempted from prosecution or punishment for theft within 8.2 years, or being punished for theft within 3 years; 9. Stealing the property of blind, deaf, dumb and other disabled people, widowed old people or disabled people; 10. Theft causes serious consequences or other bad circumstances. Although personal theft of public or private property meets the standard of "a large amount", it may not be treated as a crime in any of the following circumstances: 1. First-time offenders, even offenders, minors above 16 and below 18; 2. If the circumstances are minor, take the initiative to confess or actively refund compensation; 3. Surrender or render meritorious service; 4. Being coerced to participate in theft activities, with no stolen goods or little income; 5. The attempted theft is minor; 6. Other circumstances are obviously minor and not serious. (2) In the crime of theft, every criminal of * * * intentionally commits the crime of theft, and shall be responsible for the harmful consequences caused by the crime of theft. 1. The ringleader of the theft group shall be punished according to the total amount of theft of the group; 2. Other principal offenders in * * * theft shall be punished according to the total amount involved in * * * theft; 3. The accessory to the crime of * * * theft shall be subject to the criminal law according to the total amount involved in the crime of * * *. If the amount is relatively large, Article 151st of the Criminal Law shall apply; If the amount is huge, Article 152nd of the Criminal Law shall apply. Specific sentencing should be based on the position, role and amount of illegal income of criminals in theft, and in accordance with the provisions of the second paragraph of Article 24 of the Criminal Law, the principal offender should be given a lighter or mitigated punishment or be exempted from punishment; 4.*** After the crime of theft, if the criminal has surrendered himself, rendered meritorious service or is underage, he can or should be given a lighter or mitigated punishment or be exempted from punishment according to law; Those who surrender themselves or actively return stolen goods may also be given a lighter punishment as appropriate.