According to Nepalese media reports,165438+At about 0: 30am on February 4th, Xiao Pang and another friend were shopping in the local Indira Jock when they were attacked by a China man who stabbed them with a sharp weapon.
Two injured people were rushed to the hospital. Xiao Pang was injured in his stomach, head and chest in Africa and finally died. Another injured person is also an online celebrity "Simba". (Not the big anchor, but the anchor of the same name traveling in Africa)
It is not difficult to hear the last scream from Xiao Pang's live video. This scene really hurt many netizens. According to informed sources, the person who stabbed Xiao Pang is also an online celebrity named Ayun, and there may be an economic dispute of 10,000 yuan between them.
But no matter what the contradiction is, all three people are from China. Everyone is out of town, so we should unite and help each other, but we really shouldn't fight over a trivial matter.
I have to say that people are really extreme in front of money. Although the incident happened abroad, the criminals should also be punished by the laws of China.
1. How to deal with crimes committed by China people abroad?
This belongs to the personal jurisdiction of criminal cases. According to Article 10 of the Interpretation of the Criminal Procedure Law, China citizens who commit crimes abroad shall be under the jurisdiction of the people's court of their place of landing, place of entry, place of residence before leaving the country or their current place of residence; If the victim is a citizen of China, it may also be under the jurisdiction of the people's court of the victim's previous residence or current residence.
Criminal cases under the exclusive jurisdiction of China courts exclude extraterritorial jurisdiction and must be governed by the laws of China.
1. According to the relevant provisions of the principle of territorial jurisdiction, if a citizen of a country commits a criminal offence in another country, it shall be handled according to the principle that the law of the country where the crime occurred takes precedence, that is, the country where the crime occurred has priority jurisdiction.
2. China will also investigate according to the laws of China, but if the maximum penalty is fixed-term imprisonment of not more than three years, China may not be investigated; If the maximum penalty is fixed-term imprisonment of not less than three years, those who have been punished in foreign countries may be exempted or mitigated.
In other words, whether China people will be investigated for criminal responsibility after coming back from abroad depends on what crimes he has committed and its severity. If, according to the provisions of the current criminal law, the maximum penalty for the crime is fixed-term imprisonment of not more than three years, it may not be investigated.
Of course, it is only stipulated here that it cannot be investigated, which is not an inevitable result. If the influence is bad, the possibility of criminal responsibility cannot be ruled out.
2. Does the perpetrator constitute the crime of intentional homicide?
1. If the relevant personnel are fighting at the time of the incident, then the act of causing one death and one injury belongs to intentional injury. Can be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death.
However, if people gather to fight and cause death, they shall be convicted and punished for intentional homicide; Can be sentenced to death, life imprisonment or fixed-term imprisonment of more than ten years.
2. If Xiao Pang is suddenly attacked during the live broadcast, then the perpetrator is intentional homicide.
Holding a sharp weapon, attacking suddenly when the victim is unprepared is likely to cause death. Repeated stab wounds indicate that the perpetrator subjectively sought to be killed.
And if it is premeditated revenge, it can better explain that the perpetrators have intentional homicide.
But in either case, I believe that China law will severely punish the murderer and give justice to the deceased!