未成年人涉嫌殺人未遂、主動自首是否可以獲得減刑

Ruifang Junior High School Student Stabs High School Student with Scissors: Criminal Liability and Legal Focus in Cases of Assault Against Minors

News Headline: Junior High Student Stabs Senior with Scissors! Junior High Student Allegedly Stabs High School Student with Scissors
Media Source: Era News CH50
Reporters: Guo Ying, Pan Wenyu
News link:https://youtu.be/0RdWHnJuWpo?si=KwjKN2b4Rjia0X1Q

News Summary

A student altercation and stabbing incident occurred in Ruifang District, New Taipei City. A 14-year-old junior high school student surnamed Xu allegedly had an argument with a 17-year-old high school student surnamed Huang on a bus. After they got off the bus, they met again near a beverage shop. Xu allegedly obtained a pair of scissors from the vendor and stabbed Huang in the neck. Huang initially lost consciousness but was rushed to the hospital and underwent surgery. He regained vital signs but remains under observation.

News reports indicate that Xu did not flee the scene after committing the crime and surrendered to the police; however, the victim's family questioned whether his surrender was an attempt to mitigate his responsibility. The actual facts of the case should still be determined by judicial procedures.

Lawyer Li Yusheng explains

This case requires distinguishing between causing serious injury and whether there was intent to kill. In cases where someone attacks vital areas such as the neck with scissors, the court will consider factors such as the tool used, the location of the injury, the force applied, the number of attacks, the victim's words and actions before and after the incident, and any subsequent assistance provided, to determine whether it constitutes attempted murder, rather than simply ordinary injury.

Even though the juvenile involved is over 14 years old, their criminal responsibility, upbringing, post-offense attitude, and rehabilitation possibilities will still be assessed in accordance with the Juvenile Cases Handling Act and their juvenile status. Surrender may be a factor in sentencing, but it does not automatically negate the establishment of a crime.

The victim and their family can claim compensation based on injuries, medical expenses, nursing fees, lost wages, and emotional distress damages. They can also consult [the relevant authorities/information].The direction of criminal case investigation and defense.


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