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On September 8, a woman in Linxiang, Hunan Province suddenly stabbed the driver in the neck with a knife while taking a taxi. After receiving the alarm, the woman was taken back to the police station for investigation.

The monitoring installed in the taxi recorded the dangerous behavior of the woman at that time. At that time, the taxi was galloping on the highway. The overweight woman is sitting in the co-pilot seat. She secretly took out a knife from her satchel and kept it in her right hand. She repeatedly observed the situation inside and outside the car, suddenly adjusted her sitting posture and suddenly stabbed the driver's neck. The frightened driver kept reaching out his right hand to block, but he was still paying attention to the driving situation because the car was still driving at high speed. The woman ignored the driver's resistance and even looked away.

If the driver hadn't stopped to call the police in time, I believe the woman would have attacked mercilessly. It can be seen that the driver's shirt was stained with blood at that time, which shows that the injury is still serious.

According to an insider, the woman took a taxi from Changsha to Wuhan that day. At that time, two people never talked much in the car. When the car was driving to the Linxiang section of the Beijing-Zhuhai Expressway, the woman suddenly stabbed the driver while he was unprepared. As a result, she was stabbed several times in the neck and lost a lot of blood. She is being treated in the hospital. At present, her life is not in danger, but she is greatly frightened and still worried.

This woman is crazy enough to stab a taxi driver on the highway. This is dangerous and an act endangering public safety. If the driver lets go of the steering wheel to avoid the woman's attack, it will cause the consequences of car crash and death, and even affect other vehicles because the car is out of control, causing a series of serious accidents.

On June 7, 2022, at 65438, Liu was sentenced to four months' criminal detention for intentional injury, which caused controversy.

I don't agree with this judgment.

First of all, bipolar disorder does not affect conviction. Let's look at a similar case first.

On May 24th, 20 19, Wanmou's younger brother bought a sharp knife and towel, and took a taxi to find the target near wanda plaza, Honggutan New District, Nanchang City on the same day. He found that the victim Shen Moumou and his companions were coming head-on, and Wan's younger brother decided to kill Shen Moumou, who was walking among them, and followed him. When walking to the entrance of the site of Hechang Group, Fenghuang Middle Avenue in Honggutan New District, Wanmou's brother stabbed several knives from behind Shen Moumou with a sharp knife. After killing Shen Moumou to the ground, he stabbed several knives in Shen Moumou's neck, then dropped the sharp knife and fled to the underground garage of Ruituo Capital Building next to him. Shen Moumou died after being rescued.

After forensic autopsy, the victim, Shen Moumou, was stabbed by a single-edged sting and died of massive bleeding. At about 0/8 o'clock on the same day, Wan Moudi surrendered himself in the underground garage of Ruituo Capital Building during the police search of Nanchang Special Police Detachment. Appraised by Jiangxi Psychiatric Judicial Appraisal Institute, Wan's brother suffered from bipolar disorder, was in remission at the time of the crime, and was completely able to identify and control, and was assessed as fully criminally responsible. 20 19 10 3 1, Nanchang Intermediate People's Court of Jiangxi Province sentenced Wan Moudi to death for intentional homicide and deprived him of his political rights for life.

It can be seen that Liu's ability to identify and control in this case is complete, and he is a person with full criminal responsibility.

Second, Liu's behavior is the crime of attempted intentional homicide and the crime of endangering public safety. It is wrong to punish him only for intentional injury.

How to identify the crime of intentional homicide?

First of all, the subject of intentional homicide is the general subject, that is, a natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility.

Secondly, the crime of intentional homicide must have the intention of illegally depriving others of their lives, including direct intention and indirect intention. That is, knowing that one's actions will lead to the harmful consequences of others' death, and hoping or letting this result happen.

Thirdly, the object of intentional homicide is the right to life of others.

Finally, there must be acts of depriving others of their lives, which can be composed of actions and omissions. The crime of manslaughter by omission can only be constituted by people who have a specific obligation to prevent others from dying.

The act of depriving others of their lives must be illegal, that is, it violates the laws of the country.

There are illegal reasons that do not constitute this crime. Such as execution of death penalty, self-defense, emergency avoidance, etc. Does not constitute a crime of intentional homicide.

The victim's death is the key element of the crime of direct intentional homicide and indirect intentional homicide, but only by finding out the causal relationship between the perpetrator's harmful behavior and the victim's death result can the perpetrator be found guilty.

Attempted intentional homicide, according to the provisions of Article 232 of China's Criminal Law, refers to the intentional and illegal deprivation of another person's life, which is not successful due to reasons other than the perpetrator's will. In case of attempted intentional homicide, the criminal responsibility of the criminal suspect shall still be investigated according to the crime of intentional homicide, and the criminal suspect shall be given a lighter punishment according to the accomplished crime. Sentenced to death, life imprisonment or fixed-term imprisonment of more than ten years; 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.