间接故意罪过形态下伤害致人死亡的刑法分析

从应然角度，存在间接故意罪过形态下伤害致人死亡的情形，但是从实然的定罪角度考察分析，这种情形不应以故意（间接）伤害（致人死亡）罪认定，此种认定方法将间接故意伤害中间形态的伤害结果与最终的死亡结果一起进行重复评价，违背间接故意犯罪的定罪机理。从法条竞合原理的实质出发，对于此种情形以过失致人死亡罪认定符合罪刑法定原则，并且不会导致重复评价的出现。

Criminal Analysis Of The Injury Causing Death Under The Offense Of Indirect Intention

From the point of ought to be, there is the case of the injury causing death under the offense of indirect intention, but from the perspective of conviction of to be, this case should not be Sentenced to the crime of willful（indirect intention） injure which cause death. This conviction will repeatedly evaluate the injury results of the intermediate form of indirect intentional injury with the final result of death, which violate the conviction mechanism of indirect intention crime. From the essence of overlapping of articles, it is consistent with the principle of legality that this case is sentenced to the crime of negligence causing death, and will not lead to the emergence of repeated evaluation.