The victim in this case is clever

22 morning, shaanxi province in xian xian intermediate people's court music college student mbt sandals clearance medicine home xin intentional homicide case with a public trial verdict, home to the defendant medicine intentional homicide death penalty, deprived of political rights for the lifelong. After the sentencing, reporter interviewed xian the handling of the then torture a court judge.
Reporter: March 23 medicine home when the court session, intentional homicide of home defenders put forward the medicine, medicine home xin hit the behaviour is passion after the murder murder." Excuse me, how to recognize this problem?
Judge: passion kill general is because the victim is caused by improper behavior of the defendant kill the victim and the implementation of them behavior. This case the defendant medicine home xin is driving hit the victim zhang wonderful, fearing for zhang wonderful remember its plates for legal liability, and the implementation kill people kill behavior. The victim in this case is clever in zhang is completely innocent, from being knocked down until were killed, without any improper behavior. The murderer medicine home xin behavior does not belong to passion kill.
Reporter: medicine, the proposed home defenders the home is refused, the drug OuFan, and suggests MBT Maliza to its light punishment, the defense reason established?
Judge: young, OuFan is discretionary light punishment plot shall, according to the criminal facts, the nature of the crime, plot and social harmful consequences comprehensive consideration, judicial practice generally only applies to the minor crime and if the circumstances are relatively minor crime. For intentional homicide such a serious criminal crime, especially the case so bad, cruel murderer, obviously cannot crime by his convictions, OuFan light punishment.
Reporter: murder deem, medicine home in police initially asked the killer facts,MBT Sini medicine home denying the behavior of parents with the son shall not constitute a surrender surrenders, first is how to judge this behavior?
Judge: our country criminal law article 67 the provisions of the first paragraph, crime, and truthfully be automatic surrenders after statement his crime, is to surrender. Automatic surrendered, refers to facts of a crime or criminal suspects are not judicial authorities found, or it was found, but the criminal suspect has not been interrogated, is not compulsory measures are taken, active, direct to the public security organs, people's procuratorate or the people's court surrendered. Combined with the case, the defendant medicine home, after killing zhang wonderful way again will be away from the scene after two pedestrians, the public security organ in dealing with its bumps two pedestrians traffic accident process, although according to the injury knocked two pedestrians lighter and medicine home while CheSun larger cars the question, as a suspect in the home of the drug, but did not ask that medicine is deliberately homicide suspect. Since then, the public security organ for its asked the victim was murdered case of zhang wonderful whether his muscles, medicine home xin also denied. Later, medicine has not been taken home xin in any compulsory measures in the case, after the crime on the fourth day in parents escorted to the public security organ, and truthfully allege surrenders, and its behavior was criminal facts have surrendered legal constitutions, according to law shall be deemed to be surrendered.