1) Criteria for filing arson.
1, causing more than one death or seriously injuring more than three people;
2. Causing direct economic losses of more than 500,000 yuan to public property or other people's property;
3, resulting in more than ten households houses and other basic means of subsistence were burned;
4, forest fires, burning forest land area of more than two hectares is a major case, or burning sparse forest land, shrub land, undeveloped forest land, nursery land area of more than ten hectares is a particularly major case.
(2) The sentencing standard of arson.
1. arson, which has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
2. Whoever causes serious injury, death or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death;
3. Whoever negligently sets fire 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.
Second, the difference between arson and fire?
The difference between arson and fire is mainly manifested in the following three aspects:
1, the subjective aspects of crime are different.
The subjective aspect of arson is intentional, and the subjective aspect of fire is negligence.
2. The subject of crime is different.
The age of criminal responsibility of the subject of arson is 14 years old, and the age of criminal responsibility of arson is 16 years old.
3. The elements that constitute a crime are different.
Arson is a dangerous crime, as long as it is dangerous enough to endanger public safety, it can be constituted and it is accomplished. Arson is a consequential crime, which can only constitute a crime if it actually endangers public safety.
3. What is the case of intentional arson?
Intentional arson constitutes a criminal offence, because it constitutes arson in our criminal law, so it is a criminal offence. Arson is one of the specific charges of endangering public security, and it is a kind of intentional crime. The object of its infringement is public safety, that is, the life and health of unspecified majority or the safety of major public and private property.
Fire endangers public safety, generally including three situations:
(1) endangers the life and health of the unspecified majority;
(2) Endangering the safety of major public or private property;
(3) endangering not only the life, health and safety of the unspecified majority, but also the safety of major public or private property.
There are two kinds of punishment opinions on arson, which should be decided according to the consequences caused by criminal acts. If the circumstances involved are particularly serious, the death penalty can be imposed. The subject of arson and misfire is different. /kloc-children aged 0/4 should bear criminal responsibility for committing arson, and/kloc-children aged 0/6 should bear criminal responsibility for committing arson. These two crimes are different subjectively, one is intentional behavior and the other is negligent behavior.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 114 of the Criminal Law of People's Republic of China (PRC) sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances, or endangers public safety by other dangerous methods, but no serious consequences have been caused, and he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.