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Will ethnic minorities be sentenced to death for murder?
One. Identification of criminal acts
When judging whether ethnic minorities will be sentenced to death for murder, we must first make clear whether the act constitutes a crime. If the murder is caused by negligence or accident and does not constitute a criminal act stipulated in the criminal law, then they will not be punished. However, if the act of killing constitutes intentional homicide, intentional injury and other criminal acts, then it needs to bear the corresponding criminal responsibility.
Second, the seriousness of the crime
When judging criminal responsibility, we need to consider the severity of the crime. If the circumstances of the murder are particularly serious, the means are particularly cruel, and the social impact is particularly bad, then it may be sentenced to death. On the other hand, if the circumstances are minor, you may be sentenced to fixed-term imprisonment, life imprisonment and other penalties.
Third, apply the law equally.
In China, everyone is equal before the law. No matter whether ethnic minorities or Han nationality, as long as their actions constitute a crime, they all need to bear corresponding criminal responsibilities. In a criminal trial, the court will make a judgment according to the facts, nature, circumstances and social harmfulness of the crime.
Four. Applicable standards of death penalty
The death penalty is only applicable to a very small number of criminals who commit extremely serious crimes. For criminals who should be sentenced to death, if it is not necessary to execute them immediately, they can be sentenced to death with a two-year suspension. The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court.
To sum up:
Whether ethnic minorities will be sentenced to death for murder mainly depends on whether their behavior constitutes a crime and the severity of the crime. In criminal trials, the court will make a judgment according to law to ensure the justice, fairness and authority of the law. At the same time, the application standard of the death penalty is very strict, and only criminals with extremely serious crimes will consider applying it.
Legal basis:
Criminal law of the people's Republic of China
Article 48 provides that:
The death penalty is only applicable to criminals with extremely serious crimes. For criminals who should be sentenced to death, if it is not necessary to execute them immediately, they can be sentenced to death with a two-year suspension. The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court.
Criminal law of the people's Republic of China
Article 5 provides that:
The severity of punishment should be commensurate with the crimes committed by criminals and the criminal responsibilities they bear.
Criminal law of the people's Republic of China
Article 6 provides that:
This Law shall apply to crimes committed within the territory of People's Republic of China (PRC), except as otherwise provided by law. This Law also applies to all crimes committed on board ships or aircraft in People's Republic of China (PRC). If one of the acts or results of a crime occurs in the territory of People's Republic of China (PRC), it shall be regarded as a crime in the territory of People's Republic of China (PRC).
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