Joke Collection Website - Mood Talk - Let's talk about the quarrel. The other party suddenly fell to the hospital with high blood pressure, and now he wants to sue me. He obviously wants money, too.
Let's talk about the quarrel. The other party suddenly fell to the hospital with high blood pressure, and now he wants to sue me. He obviously wants money, too.
Legal analysis
This needs to determine whether to bear legal responsibility according to the subjective psychological state of the actor and the accident caused by the quarrel. Subjectively, the actor didn't have any malice, and his speech was normal, because the other party was more excited and was hospitalized. Subjectively, there is no intention to kill or hurt others, objectively, there is no act of killing or hurting others, and no responsibility is assumed for the deceased. Both sides are subjectively at fault, and the circumstances and the intensity of words used in quarreling and bickering are different, and the actors bear different responsibilities. In addition, the two sides insulted and slandered the victim in public, and the victim could not bear the personal insult, which led to the accident, and the perpetrator should bear criminal responsibility. The actor's behavior of publicly insulting others must reach a serious level before it can constitute a crime and be investigated. According to the actual situation, if someone dies by talking to the perpetrator, it may be suspected of insulting or slandering a criminal offence. Serious harm to social order refers to the situation that the insult has caused the victim to be insane or even commit suicide, and the victim is unable to identify or lose his ability to identify. To sum up, when judging whether a citizen's criminal behavior is illegal, it is generally based on whether it is true and objective. However, if only verbal attacks lead to the accident, although there is no actual behavior, it may be the real cause of the accident, so it is uncertain whether it is illegal. It is necessary to prove the causal relationship between suicide and the behavior of the perpetrator's excessive speech, and the degree of excessive speech. If there is a causal relationship, it may constitute a crime of negligent injury.
legal ground
Criminal law of the people's Republic of China
Article 233 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 relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail.
Article 246 Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
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