Intentional Homicide And Its Judicial Determination

Intentional homicide is one of the most serious personal injury crimes, and also one of the oldest crimes. With the development of society and economy, people’s lifestyle has changed. And the cognizance of intentional homicide becomes more and more complex. Therefore, studying the cognizance standard of intentional homicide will help us to have a better understanding of it. By combining related theory with case analysis, the paper is divided into three parts to discuss the cognizance of intentional homicide.The first part describes the case, and identifies three controversial points. The second part analyzes three problems. Firstly, stating the differences between intentional homicide and intentional injury. Secondly, discussing the composite elements of quasi-voluntary surrender. Thirdly, describing the criminal responsibility of intoxicated person and analyzing differences of social harm and dangerousness between crime of passion and premeditated crime. The third part arrives at an analysis conclusion of the case. Whether the defendant in the case should be identified as intentional homicide.Whether the defendant should be considered as quasi-voluntary surrender. Whether the defendant can be given a lighter punishment since he committed a crime of passion in drunken status.