1. What is the sentencing standard for the crime of major liability accident?
1. The sentencing standards for the crime of major accidents are as follows:
(1) Any major safety accident in production and operation shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
(2) If the circumstances are particularly bad, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
(3) Whoever forces others to take risks in violation of regulations, thus causing heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
(four) if the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of not less than five years.
2. Legal basis: Article 134th of the Criminal Law of People's Republic of China (PRC).
If the crime of major accidents violates the relevant provisions on the safety management of production and operation, causing major casualties or other serious consequences, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever forces or organizes others to take risks in violation of regulations, or forces others to take risks in violation of regulations, or does not rule out the hidden dangers of major accidents knowing that there are serious casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of not less than five years.
Second, what are the constitutive elements of the crime of major liability accident?
The constitutive requirements of the crime of major liability accident are as follows:
1, the main requirement is to engage in business that is easy to cause casualties;
2, the object of infringement is personal and property;
3. Objectively, it is a violation of relevant safety management regulations in production and operation;
4. Subjective performance is negligence.
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Legal basis: Article 134 of the Criminal Law stipulates that anyone who violates the relevant provisions on the safety management of production and operation and causes heavy casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Forcing others to take risks in violation of regulations, or taking risks in organizing operations knowing that there are hidden dangers of major accidents, thus causing heavy casualties or other serious consequences, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of not less than five years.