Will murder be sentenced to death?
1, if self-defense is intentional and not obviously beyond the necessary limit, no criminal responsibility will be borne for killing;
2. Intentional homicide, punishable by death, life imprisonment or fixed-term imprisonment of 10 years or more; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
3. Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than three years;
It is generally understood that the crime of serious intentional homicide is punishable by death.
In judicial practice, it is mostly manifested as:
1, bullying the weak and fearing the hard for a long time, and evil villages such as village tyrants and road tyrants. ;
2. Intentionally killing creditors in order to avoid performing their obligations;
3. The principal offender of a criminal group or gang murder case, such as the ringleader or principal offender of a recent black-and-evil-related case, is likely to be sentenced to death;
4, out of narrow psychology, in order to vent anger, jealousy, revenge on others, destroy opponents, kill people;
5, planting, framing others, killing people;
6. Killing people for destroying criminal evidence.
Legal basis: Article 20 of the Criminal Law of People's Republic of China (PRC).
In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.
If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility.