Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
2 article analysis? If the fire has caused serious consequences and constitutes a fire crime, the perpetrator shall be given a lighter punishment as appropriate within the statutory basic sentencing grade.
The fire caused serious casualties or heavy losses of public and private property. Generally, within the sentencing range of fixed-term imprisonment of not less than three years but not more than seven years, a lighter punishment shall be given as appropriate. On the premise that the fire caused serious consequences, the subjective and objective situation of the criminal was comprehensively investigated and analyzed.
If the circumstances are minor, a lighter punishment shall be given as appropriate within the sentencing range of fixed-term imprisonment of not more than three years or criminal detention. This is a special sentencing range, which is suitable for "minor circumstances". As for what is a minor case, we should comprehensively analyze it from both subjective and objective aspects, and then identify it as a whole. These situations mainly include:
(1) The age and criminal responsibility of the actor, such as whether he belongs to a minor who has reached the age of 16 weeks, whether he belongs to a person with limited criminal responsibility, etc.
(2) the subjective malignancy of the perpetrator, such as the consistent performance of the perpetrator and the attitude after the crime;
(3) the objective aspects of crime, such as the specific damage caused by crime, the time and place of crime, the object of crime, etc.
three
Fire caused by negligence, suspected of one of the following circumstances, should be filed for prosecution:
(a) causing more than one death or serious injury to more than three people;
(2) Causing direct economic losses of more than 500,000 yuan to public property or other people's property;
(3) Causing the houses and other basic means of subsistence of more than ten families to be burned down;
(four) causing forest fires, with forest land area of more than two hectares, or forest land, shrub land, undeveloped forest land and nursery land area of more than four hectares;
(5) Other circumstances that cause serious consequences.
Even if it is compensation, it is necessary to reserve necessary living expenses for individuals and their dependent families.