There are two main types of subjective aspects of crime in the criminal law, is a deliberate, a negligence, intentional is divided into direct and indirect intention, negligence is the fault of negligence and negligence of over confidence.Another incident, irresistible force and so on, this paper would not add comments.
The above four kinds of subjective aspect of the crime in the form of sentencing, from light to heavy order: negligence, negligence of over confidence, indirect intention, direct intention.I use the popular language of four of them were explained.The so-called negligence, which is supposed to be foreseen the occurrence of harmful results, but because of carelessness, perhaps because the suspect to so many things, negligence, negligent, not foreseen harm results occur, resulting in harmful consequences, for example, a person to drive, see the front of pedestrians, but due to negligence, the accelerator as brake, this time he should foresee people knocked the scene, but because the effect, step on the accelerator, lead to tragedy, but the behavior of this result did not hold any hope and the laissez faire attitude, he should step back the brake in the sense that, otherwise another matter.As the name suggests is the fault of over confidence,, a man had foreseen harm results occur, but because of self-confidence due, don't think it will happen, resulting in harm, use one of the most commonly used examples to explain it, hunter was going towards a rabbit shot, see not far place to have a child, but his own shooting level quite confident, toward the bunny shooter, and machine gun fire, give the child to hit, this is typical of the fault of over confidence, because hunters must not infringe children the meaning of life, he just want to kill the animal hunting.Indirect intent refers to knowingly harm results occur or may occur, but let the results occurred, said a man want to kill their children, in children's porridge tasteless poison, he knew his wife would help children try in children eat porridge, is not too hot, but he let the results occurred, resulting in break up families tragedy, but his wife died, his son will never die.Direct intent is the most common form of crime in the criminal law, is to kill a person, a knife stabbed him, knowing it would harm results occur, still pursuing this result.
I want to find some yourself, focus on the distinction between intentional and negligent.We can also think, if a person he wants to kill an enemy, and in order to escape, so that their lighter sentence, he put the direct intentional idea in negligence actions, so that he may be sentenced to criminal detention is out of control or the direct intention, but it should be for a period of seven or eight years.Originally, he wanted to use the weapon, in a dark alley, stabbed his enemy, but he felt that the public security case levels are so high, can certainly put him out, so, he rented a Santana, in an enemy to exercise in the morning, pour out his evil thoughts in that sound rumble, then hypocritically, hit 120 or even 110, did not have what witnesses, he a benevolent and kind countenance, also let a person can't see what murder revenge ideas, everyone thought he had no motive for the crime, impossible to kill, but the fact is, people are killed, and murder.The public security organ or the procuratorate it is difficult to find out he is intentionally the crime evidence, the court logical that he is because of negligence, kill someone.Thus, the criminal will be still unpunished, he is likely to use the same method of crime.
I don't know Zhang Mingbao Sun Weiming they killed people have their enemies, if there is, that they die is also cost-effective, but they are drunk, damn it.
Through this blog, I just want to say, those legal scholars, judicial workers, you can consider whether to draw a clear intention and negligence is the black line.After all the criminals think the investigation organ are unpredictable.