結果歸責視野下傷害致死與虐待致死的階層關係

通說將故意傷害致死與虐待致死的區別歸結為兩罪在基本犯層面的互斥關係。這雖保留了故意傷害罪在家庭暴力犯罪案件中的適用可能性，但也無形中限制了故意傷害罪的成立範圍。應當放棄將兩罪基礎構成理解為互斥關係的解釋預設，從結果歸責的角度看待故意傷害致死與虐待致死的階層關係。傷害致死是真正的結果加重犯，只有當死亡結果中實現了傷害結果所特有的致死危險、滿足嚴格結果歸責條件時方能成立。這種致死危險既可以來自一次性的嚴重暴力，也可以來自長期反復毆打的損傷累積。將逐漸累積形成傷害最終導致死亡的情形一律歸為虐待致死並非理所當然。虐待致死則包含了通常的結果歸責與緩和的結果歸責兩種情形。前者作為過失致人死亡罪的特殊法，在量刑時不應低於過失致人死亡罪的法定最低刑;後者則涵蓋了引起被害人自殺、自殘等並不成立過失致人死亡罪的情形，在量刑時可不受過失致人死亡罪法定最低刑的限制。

The prevailing view distinguishes intentional injury resulting in death from abuse resulting in death by characterizing the two offenses as mutually exclusive at the level of their basic structures. While this approach preserves the applicability of the crime of intentional injury in domestic violence cases, it inadvertently narrows the scope of its establishment. It is necessary to abandon the interpretative presumption that treats the basic structures of the two offenses as mutually exclusive, and instead examine the hierarchical relationship between intentional injury resulting in death and abuse resulting in death from the perspective of result-based attribution. Intentional injury resulting in death is a true result-aggravated offense, which can only be established when the fatal outcome is directly attributable to the particular lethal danger inherent in the injurious act and meets the strict conditions for result attribution. This lethal danger may stem either from a single act of serious violence or from the cumulative effect of long-term repeated beatings. It is not self-evident that cases where accumulated injuries eventually lead to death must automatically be categorized as abuse resulting in death. Abuse resulting in death, by contrast, encompasses both standard and mitigated forms of result attribution. The former, as a special offense relative to negligent homicide, should not receive a sentence lower than the statutory minimum for negligent homicide; the latter covers situations such as causing the victim to commit suicide or self-harm, where negligent homicide would not otherwise be established, and in such cases, sentencing may deviate from the statutory minimum set for negligent homicide.