The defense lawyer in this case is likely to defend from the serious consequences caused by Gu Qingyang's negligence rather than intentional crime, and
The defense lawyer in this case is likely to defend from the serious consequences caused by Gu Qingyang's negligence rather than intentional crime, and strive to request the court to make a lighter judgment according to this law.
However, this lawyer believes that Gu Qingyang has the intention to endanger public safety in a dangerous way. Legally speaking, criminal intent can be divided into two types: one is direct intent, which means that the actor knows that the harmful result will happen and hopes to actively pursue the harmful result;
Secondly, indirect intent means that the actor knowingly allows harmful results to occur. In this case, Gu Qingyang still drove on the road after drinking, and he should know the possible dangerous results. However, Gu Qingyang still drove on the road after drinking, that is, he took a relaxed attitude towards the dangerous results, which was an indirect intentional crime.
Therefore, according to article 1 15 of the Criminal Law, Gu Qingyang is likely to face the death penalty. As for whether the death penalty can be imposed, we can't just determine the alleged charges, but also look at the specific situation. If there is a statutory mitigating circumstance, it is impossible to sentence you to death, just like Yao Jiaxin's case.
Article 115 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever sets fire, breaks water, explodes, poisons or causes serious injury or death to others or causes heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
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. According to the provisions of this article, Gu Qingyang's behavior has met the subjective and objective elements of the crime of endangering public security by dangerous methods. The suspicion of the crime of endangering public security by dangerous methods by the procuratorate is correct, and the key is how to sentence.