News Ramblings: A Passionate Killing

I really want to laugh! China's laws are indeed peculiar! At times, they align quickly with international standards, while at other times, they emphasize China's national conditions. As for when this occurs, it depends on whether the interests being harmed belong to the authorities (the wealthy) or to the ordinary people

Crimes of passion refer to acts where there is no initial intent to kill, but the perpetrator loses their rationality and control due to provocation or stimulation from the victim, resulting in the death of another person. The following conditions must be met: First, the emotional upheaval of the perpetrator must be caused by the victim's serious misconduct; second, the perpetrator must experience intense psychological provocation, temporarily losing their rationality and diminishing or losing their ability to discern and self-control; third, the act must be committed in a state of intense emotional agitation.

Core Point: On the morning of March 23, the case of Yao Jiaxin, who fatally stabbed a victim after a hit-and-run incident, was heard in the Intermediate People's Court of Xi'an. Yao Jiaxin expressed regret in court, and his defense attorney stated that this was a case of intentional homicide resulting from a traffic accident, characterizing it as a crime of passion. The lawyer mentioned that Yao Jiaxin's upbringing was unblemished and that he had turned himself in, hoping the court would consider a lenient sentence.

Upon reading this news, I truly feel like jumping up and cursing! This is clearly a case of intentional homicide; how can it be labeled as a crime of passion? Does intentional homicide need to be categorized into calm murder and passionate murder? Is calm murder punishable by death while passionate murder receives a suspended death sentence? After two years of a suspended sentence, can one then spend money in prison to reduce it to a fixed-term sentence, and after another two years, buy a commendation for early release?

The fairness and justice of a country require many details to be reflected. However, the fundamental fairness and justice, as stated on https://www.hetushu.com, lie in the fairness and justice of the judiciary. The manipulability of the judiciary will inevitably lead to the intensification of social conflicts

During the court proceedings, the family members of the victim were occasionally heard sobbing. The husband of the victim, Zhang Miao, questioned Yao Jiaxin in court: "Is it difficult to deal with farmers... Does it say 'I am a farmer' on my forehead? You still ran her over... I am not asking you for a single penny, but at least there is a child... The child is only 2 years old. Yesterday, while looking at his mother's photo, he called her 'Auntie' and asked where his mother had gone"

His lawyer argued that this is a case of intentional homicide stemming from a traffic accident, asserting that Yao Jiaxin acted in a moment of impulse, qualifying it as a crime of passion. He has no blemishes in his upbringing, has excelled in his studies, received various awards, and has shown signs of remorse by turning himself in. The lawyer hopes the court will consider a lenient sentence, providing him with a path for rehabilitation.

On March 23, in Xi'an, a highly publicized case involving Yao Jiaxin, a third-year student at Xi'an Conservatory of Music, who injured a person in a car accident and subsequently stabbed the individual multiple times resulting in death, was heard in the Xi'an Intermediate People's Court at 9:45 AM. Yao expressed regret, while his lawyer argued that it was a crime of passion.

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Zhang Miao's husband wept uncontrollably in court, his cries echoing through the courtroom via the loudspeaker, prompting a reminder from the judge to cease.

In our country's criminal law, there are no relevant provisions regarding crimes of passion or emotional crimes; there are only intentional crimes and negligent crimes, as well as the distinction between intentional homicide and negligent homicide. The so-called crime of passion refers to intentional homicide, which also poses a very serious social harm. For such cases, sentencing should not be based on whether it is a crime of passion, as there is no legal basis for this, but should instead be determined by the degree of voluntary surrender and the severity of the victim's fault to decide whether to reduce the sentence.

Solemn Declaration: The above information is sourced from NetEase News

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What is meant by "passion murder"? I asked several lawyer friends in real life, and they said they were not familiar with it. I searched online, and below is some information I found.

When the judge asked whether he would defend himself, Yao Jiaxin stated that he would not make a defense

Furthermore, because I was once recognized as an excellent student, should I be given a lighter sentence? I also received a big red flower in kindergarten; does that mean I will always be a good child throughout my life

According to your reasoning, all rapists in China should receive lenient sentences, as everyone is driven by passion when committing rape. No one is calm when they commit such acts

There are no relevant provisions in our country's criminal law regarding homicide or crimes of passion

Brief Information

What kind of robber logic is this

The lawyer stated that the university student who fatally stabbed the victim acted out of passion.

Since there is no "crime of passion" in criminal law, who the hell are you trying to fool with this so-called "crime of passion"? A university student in his twenties hits someone with his car, then gets out and stabs the victim to death. Is this what you call a "crime of passion"? Where did the education he received for over ten years go? Where did his high level of rationality go?

The Xi'an People's Procuratorate filed a public prosecution against Yao Jiaxin for the crime of intentional homicide. During the trial, Yao Jiaxin stated that he had been held to high expectations by his parents since childhood, with strict discipline. His daily routine consisted solely of studying and practicing the piano; if he did not perform well, he would be punished. His father would even confine him to the basement, allowing him to come upstairs only for meals. As a result, he once had thoughts of suicide