Whoever negligently damages vehicles, traffic facilities, power equipment, inflammable and explosive equipment or 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.
◆ Relevant regulations
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Damage to Power Equipment (August 2007 15)
In order to safeguard public safety and punish criminal activities such as destroying power equipment according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of such criminal cases are explained as follows:
Article 1 Whoever sabotages power equipment under any of the following circumstances is guilty of "causing serious consequences" as stipulated in the first paragraph of Article 119 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(1) Causing one or more deaths, three or more serious injuries or ten or more minor injuries;
(2) Causing the power supply of 1 10,000 or more users to be interrupted for more than 6 hours, seriously affecting production and life;
(3) Causing direct economic losses of more than one million yuan;
(4) Causing other serious consequences that endanger public safety.
Article 2 Whoever negligently damages power equipment and causes serious consequences as stipulated in Article 1 of this Interpretation shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of negligently damaging power equipment in accordance with the provisions of the second paragraph of Article 119 of the Criminal Law; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 3 Whoever steals electric equipment and endangers public safety, but does not constitute theft, shall be convicted and punished for the crime of destroying electric equipment; At the same time, it constitutes theft or destruction of power equipment, and shall be convicted and punished in accordance with the provisions of the Criminal Law on heavier punishment.
Stealing power equipment does not endanger public safety, but criminal responsibility should be investigated. According to the different circumstances of the case, it can be handled as a crime such as theft.
Article 4 The term "power equipment" as mentioned in this Interpretation refers to power equipment in operation, emergency and other uses; Electrical equipment that has been put into use, but has been suspended due to dry season or power shortage; Power equipment that has been delivered but has not been electrified. Does not include electrical equipment that has not been installed or installed but has not been delivered.
The calculation scope of direct economic loss in this interpretation includes the amount of power loss, the purchase, replacement and repair costs of damaged equipment and materials, and the direct economic loss caused to users due to power failure. Lawyer Hu Yanlai reminds: Click to return to the criminal law directory.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Stealing Oil and Gas and Destroying Oil and Gas Equipment (2007 1.05)
Article 2 Whoever commits one of the following acts as stipulated in Article 1 of this Interpretation shall be deemed as "causing serious consequences" as stipulated in the first paragraph of Article 119 of the Criminal Law, and shall be convicted and punished in accordance with the first paragraph of Article 119 of the Criminal Law:
(1) Causing one or more deaths, three or more serious injuries or ten or more minor injuries;
(2) Causing a blowout or a major environmental pollution accident;
(3) Causing direct economic losses of more than 500,000 yuan;
(4) Causing other serious consequences.
People's Republic of China (PRC) Railway Law (hereinafter referred to as Railway Law) (199O September 7)
Article 61 Whoever intentionally damages or moves a railway traffic signal device or places an obstacle on the railway line enough to overturn a train, but has not caused serious consequences, shall be investigated for criminal responsibility in accordance with the provisions of Article 108 of the Criminal Law; If serious consequences are caused, criminal responsibility shall be investigated in accordance with the provisions of Article 110 of the Criminal Law.
Article 62 Whoever steals parts and components of railway line traffic facilities or railway line equipment, thus endangering traffic safety, but has not caused serious consequences, shall be investigated for criminal responsibility in accordance with the provisions of Article 108 of the Criminal Law on the crime of destroying traffic facilities; If serious consequences are caused, criminal responsibility shall be investigated in accordance with the provisions of Article 110 of the Criminal Law on the crime of destroying traffic facilities.
Civil Aviation Law of People's Republic of China (PRC) (195101October 30th)
Article 195 Whoever intentionally places dangerous goods on a civil aircraft in use or instigates others to place dangerous goods that can damage the civil aircraft and endanger flight safety, but has not caused serious consequences, shall be investigated for criminal responsibility in accordance with the provisions of Article 107 of the Criminal Law; If serious consequences are caused, criminal responsibility shall be investigated in accordance with the provisions of Article 110 of the Criminal Law.
Article 197 Whoever steals or intentionally damages or moves navigation facilities in use, which endangers flight safety enough to cause a civil aircraft to fall or be damaged, but has not caused serious consequences, shall be investigated for criminal responsibility in accordance with the provisions of Article 108 of the Criminal Law; If serious consequences are caused, criminal responsibility shall be investigated in accordance with the provisions of Article 110 of the Criminal Law.
The Supreme People's Court's Explanation on Several Issues of Criminal Punishment in the Implementation of People's Republic of China (PRC) Railway Law (1993 65438+ 10/0/1).
Three, how to understand the relevant provisions of Article 61 and Article 62 of the Railway Law?
Article 61 of the Railway Law stipulates: "Whoever intentionally damages or moves a railway traffic signal device or places an obstacle on the railway line that can overturn the train, which has not caused serious rear clearance, shall be investigated for criminal responsibility in accordance with the provisions of Article 108 of the Criminal Law; If serious consequences are caused, criminal responsibility shall be investigated according to the provisions of Article 110 of the Criminal Law. " Article 62 of the Railway Law stipulates: "Whoever steals parts and components of traffic facilities on railway lines or equipment on railway lines, which endangers traffic safety and has not caused serious consequences, shall be investigated for criminal responsibility in accordance with the provisions of Article 108 of the Criminal Law on the crime of destroying traffic facilities; If serious consequences are caused, criminal responsibility shall be investigated in accordance with the provisions of Article 110 of the Criminal Law on the crime of destroying traffic facilities. "
(1) The term "serious consequences" as mentioned in Articles 61 and 62 of the Railway Law refers to serious consequences such as personal injury, heavy property loss and railway traffic interruption. It is caused by the actor intentionally damaging or moving the railway traffic signal device, or placing obstacles on the railway line that can overturn the train, or stealing parts of railway traffic facilities and equipment on the railway line.
(2) If the perpetrator commits the above-mentioned acts without causing the above-mentioned serious consequences, but is recognized by the relevant railway departments as endangering traffic safety, he shall be investigated for criminal responsibility in accordance with the provisions of Article 108 of the Criminal Law.
Reply of the Supreme People's Procuratorate on Several Issues Concerning the Crime of Destroying Power Equipment (1986 65438+February 9)
First, the agricultural low-voltage lighting circuit that has not been installed does not belong to the power equipment in use. Even if the perpetrator steals some of the erected wires, it will not cause harm to public safety, and his behavior should be characterized as theft.
Three, the behavior of stealing power lines that have been installed but have not yet been supplied with power should be handled according to different situations. If it is illegal thread cutting, it should be handled as a theft case. If the actor cuts the wire privately knowing that the line has been delivered to the power department, it should be classified as the crime of destroying power equipment. Lawyer Hu Yanlai reminds: Click to return to the criminal law directory.
Official Reply of the Supreme People's Court on whether destroying the motor being used by the production unit constitutes the crime of destroying power equipment (1August 4, 993).
Hubei Higher People's Court:
Your fax number. 9 1035 "request for instructions on whether destroying the motor being used by the production unit can constitute the crime of destroying power equipment" has been received. After study, the reply is as follows:
The crime of destroying power equipment is a crime endangering public safety. The object of this crime is social public security. If the actor's behavior does not have the nature of endangering social security, it cannot constitute the crime.
Some production units, such as irrigation and drainage stations and processing plants, steal mobile equipment in use. Although it does not endanger public safety, they should be investigated for criminal responsibility. According to the different circumstances of the case, they can be treated as theft, destruction of collective production or intentional destruction of public and private property.
Official Reply of the Supreme People's Court on How to Apply the Law to Steal Oil from the Oil Pipeline in Use by Destruction (April 2002 10).
Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts of the People's Liberation Army, and Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:
Recently, some higher people's courts asked our hospital how to apply the law to the act of stealing oil from the oil pipeline in use by destructive means. According to the relevant provisions of the Criminal Law, the reply is as follows:
The oil pipeline being used belongs to "flammable and explosive equipment" stipulated in the criminal law. If the perpetrator steals oil from the oil pipeline in use by sabotage, which constitutes the crime of destroying inflammable and explosive equipment, theft and other crimes, he shall be convicted and punished in accordance with the provisions of heavier punishment.
Opinions of Shanghai Higher People's Court, Shanghai People's Procuratorate, Shanghai Public Security Bureau and Shanghai Municipal Bureau of Justice on Handling Crimes of Destroying Power Equipment (Shanghai Law [2006] No.6 March 2006 1)
Three, damage to power equipment, endangering public safety, under any of the following circumstances, shall be convicted and punished in accordance with the provisions of the first paragraph of Article 119th of the Criminal Law:
(1) Causing 0 or more deaths, 2 or more serious injuries or 5 or more minor injuries;
(2) Causing direct economic losses of more than 20,000 yuan;
(three) causing power outages for more than 500 residential users;
(four) caused by 100 or more non-resident users of power outages;
(five) causing fires, floods and other disasters and accidents;
(6) Causing other serious harmful consequences.
Four, theft of power equipment in use, enough to endanger public safety, should be convicted and punished according to the crime of destroying power equipment. If it constitutes theft and destruction of power equipment at the same time, choose felony punishment.
Five, the procurement of power equipment has one of the following acts, according to the * * *:
(a) helping to carry in the process of stealing power equipment;
(2) Providing criminal tools for stealing power equipment and purchasing them;
(three) knowing that the source of the purchased power equipment is the proceeds of crime, but still demanding to continue the acquisition.
Seven, the use of power equipment refers to the acceptance of power equipment, has been put into use or delivery. If the power equipment used is under maintenance, debugging, standby or suspended for any reason, it is regarded as the power equipment in use.
The specific types of power equipment shall be determined according to the provisions on the scope of protection in the Regulations on the Protection of Power Facilities of the State Council.
Notice of Shanghai Higher People's Court on Videotaping the whole trial process of major criminal cases (Shanghai High Law [2006] 184, June 2006 13)
City No.1 and No.2 Intermediate People's Court, Intermediate People's Court of Railway Transportation, Criminal Court No.1 and Criminal Court No.2, Research Room and Legal Publicity Room:
In order to ensure the trial quality and procedural justice of major criminal cases, give full play to the function and role of trial, and make up for the deficiency of trial transcripts as the only carrier to reflect the trial process. After research, it was decided that the high and intermediate courts of this city would video the whole trial process of major criminal cases and make CD-ROM litigation files. The specific requirements are as follows:
The case of first instance in which the defendant may be sentenced to death and the case of second instance in which the defendant was sentenced to death in the original trial must be videotaped.
Two, other major and sensitive criminal cases, the whole process of trial should also be recorded.
3. The video recording work of the trial of the above-mentioned cases shall be the responsibility of the departments that undertake the video recording work in each court, and the criminal court that undertakes the case shall notify the departments that undertake the video recording work ten days before the court session.
4. After the video recording of the trial process is completed, the department undertaking the video recording shall make a CD and submit it to the court for signature within five working days after the trial.
Five, the above case trial video CD by the court is responsible for the preservation, after the conclusion of the case shall be filed. The original video materials of the trial shall be kept by the department in charge of video recording.
Six, without the approval of the leaders of the relevant departments of the court and go through the relevant formalities, no one may borrow or copy the trial video and CD-ROM of the above case without authorization.
Seven, video technical requirements shall be stipulated separately.
Eight, this notice since July 2006 1 day.