试论杀人案件中的威逼行为

A Tentative Study on Threatening Behavior in Homicide Cases

威逼行为是指案犯为迫使被害人服从其意愿而对被害人实施的损伤行为。此类行为的主要特征是工具以锐器为主,损伤程度较为轻微,行为多发生在杀人之前,行为孤立少量,动作方式以顺手方便为原则。准确识别此类行为还应注意此类行为较之其他损伤行为反差明显,损伤部位比较固定,常伴捆绑行为、包裹处置行为。威逼行为带有明显的指向性,它表明了作案时间的持续性,揭示出作案动机常以谋财和谋性为主,判断被害双方的关系,推断案犯的身高利手。

Threatening behavior refers to the damage behavior conducted by victim - offenders on victims to force the latter to follow the former＇ s intentions. This kind of behavior is featured by tools, especially sharp instru- ment, light degree of injury, occurrence mostly before killings, isolated and few behaviors and taking convenient operation as its principle. To identify exactly this kind of behavior, one should also notice that the difference be- tween this behavior and other damage behaviors is obvious and the injured parts are relatively fixed, which are usu- ally accompanied by binding and packing treatment behaviors. With clear directionality, threatening behavior im- plies the continuity of committing time, exposes committing motives （ most of which are for money and sexual mal- ice）, judges the relationship between victims and offenders and deduces the offenders＇ height and handedness.