Misunderstanding that employers don't pay wages and paranoid nannies kill 91-year-old relatives' employers, what's the result?

91-year-old Li was at odds with the original nanny, and 3-year-old relative Xu recommended himself as a nanny.

only 16 days later, when Li's daughter came home to visit, she found her mother dead in the nanny's bed, covered in blood.

The murderer was Xu Mou, a passionate relative before. Xu Mou suspected that Li would not pay his salary because of paranoia. After killing with a knife, Xu Mou changed into clean red clothes and wanted to see Xi 'an, Beijing and Shanghai by train.

A few days ago, Xu was convicted of intentional homicide and sentenced to death with a two-year suspension of execution by Yueyang Intermediate People's Court.

It is worth noting that Yueyang Intermediate People's Court explicitly restricted Xu's commutation in the judgment.

Nanny killed her employer because of paranoia

Before the Mid-Autumn Festival in p>218, Xu returned to his home in Yueyang County from working in other places. In the process of chatting with his aunt, he learned that his relative Li did not get along well with the nanny, so Xu proposed to work as a nanny in Li's home.

Xu's recommendation was quickly approved by Li's family. After an agreement with Li's family, it was agreed to hire Xu as a nanny with a monthly salary of 2, yuan to take care of Li. Since October 4, 218, Zou has lived in Li's home.

However, while taking care of Li, Xu heard Li talking about the nanny's salary with his family and neighbors, and a misunderstanding was buried in Xu's heart. She suspected that Li would default on her salary.

Although they have only been a nanny for more than ten days, the relationship between Xu and Li is not harmonious. Xu did not adapt to Li's daily life and living habits, and he was disgusted with Li's complaint that he bought expensive food. He began to feel resentment and had the idea of leaving.

On October 18th, 218, it was Xu's 15th day as a nanny. Xu felt that she couldn't do it anymore. After dinner, she asked Li not to be a nanny, demanding that her salary be settled during this period, but Li ignored it.

Xu hid Li's mobile phone in a rage and took out 42 yuan in her bedroom closet drawer to leave. Zou's behavior was blocked by Li, who pushed Li into the bedroom and pushed him down on the bed. Regardless of Li's resistance, he covered Li's face with a quilt and tied Li's legs with a charging cable until Li's lips were purple. Then he stabbed Li with a fruit knife placed on the bedroom table in advance.

"I heard her scream. I thought I'd just stab Li to death now that I had stabbed him, and then I ran to the kitchen stove and got a kitchen knife." After cutting several knives, Xu covered Li with a quilt, cleaned up the blood on the scene, changed himself into clean red clothes, and went to Yueyang Railway Station to escape by train.

the court decided to limit the commutation

Li's death was discovered two days later. At 1 o'clock in the morning of October 2, 218, when Li's daughter went home to visit her mother, she found that Li was killed and called the police.

The public security organ found that Xu, the nanny of the deceased, was suspected of committing a major crime. On October 2, 218, Zou was arrested and brought to justice by Xuzhou Public Security Bureau on the G169 train.

At this time, Xu has traveled a lot by train. "I bought a train ticket at the railway station, and there happened to be a train to Xi' an at 2 o'clock in the morning. "She got off at Luoyang and thought she had never been to Beijing, so she bought a train ticket to Beijing West Railway Station. Xu said that after she arrived in Beijing, she had received a phone call from another daughter of Li, but she didn't answer it and communicated directly by SMS. In the short message, Xu confessed his dissatisfaction with Li's family and the murder.

Later, Xu bought a high-speed train ticket to Shanghai, and was caught by the police when passing through Xuzhou Station.

Entrusted by Yueyang Tower Branch of Yueyang Public Security Bureau, the Judicial Appraisal Center of the Second Xiangya Hospital of Central South University conducted a psychiatric appraisal on the defendant Xu. The appraisal opinion is: "The appraised Xu has committed harmful acts and is currently diagnosed as persistent delusional disorder, so he has the ability to limit criminal responsibility when committing harmful acts in this case."

The court held that Xu was dissatisfied with the victim, Li, because of delusional disorder, and then imposed pressure and binding on him. Because of the victim's resistance, he had a motive to kill, and stabbed the victim several times with different knives, causing the victim to die on the spot. Xu's means of committing a crime is cruel, the nature is bad, and the crime is extremely serious, which should be severely punished according to law. In view of the fact that Xu was identified as a persistent delusional disorder, he was a person with limited criminal responsibility when committing harmful acts in this case. He can be given a lighter punishment, sentenced to death, suspended for two years, deprived of political rights for life, and restricted to reduce his sentence.

Interpretation of the Law: Restricting Commutation

Article 5 of the Criminal Law stipulates that if the death sentence is suspended due to the change of death sentence, if there is no intentional crime during the suspended execution of the death sentence, it will be reduced to life imprisonment after the expiration of two years; If you do have significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison.

The people's court may, according to the circumstances of the crime, at the same time decide to restrict and reduce the sentence of a recidivist sentenced to a suspended death sentence and a criminal sentenced to a suspended death sentence for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances or organized violent crimes.

It should be noted that it is not impossible to limit commutation, and the starting time, interval and range of commutation should be strictly controlled.

According to the provisions of the Criminal Law Amendment (VIII) on the actual sentence executed by criminals whose sentence is suspended, the minimum time for serving a sentence, if it is commuted to life imprisonment according to law after the expiration of the suspended sentence, will not be less than 25 years; If the suspended execution period is reduced to 25 years' imprisonment according to law, it will not be less than 2 years. In other words, criminals with a suspended death sentence who are restricted in any case must serve at least 2 years in prison.

Interpretation: Under what circumstances do mental patients need to bear legal responsibility for committing crimes?

category of mental patients

mental patients who have no criminal responsibility at all

Paragraph 1 of Article 18 of the Criminal Law stipulates: "A mental patient who causes harmful results when he is unable to identify or control his own behavior shall not be held criminally responsible, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government will enforce medical treatment. "

Mental patients with full criminal responsibility

Paragraph 2 of Article 18 of the Criminal Law stipulates: "Intermittent mental patients who commit crimes when they are mentally normal shall bear criminal responsibility." Intermittent mental patients have the ability to identify or control their own behavior when they are mentally normal, so they should bear criminal responsibility for their criminal acts.

Mental patients with limited criminal responsibility

Paragraph 3 of Article 18 of the Criminal Law stipulates: "A mental patient who has not completely lost or controlled his behavior commits a crime shall bear criminal responsibility, but may be given a lighter or mitigated punishment."