1. Whoever commits the crime of poisoning without causing harmful consequences shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years;
2. Whoever causes serious injury or death to others or causes serious damage to public or private property Those who cause losses shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death in accordance with regulations;
3. If the harm is extremely serious, they shall be sentenced to death or life imprisonment. 1. The crime of poisoning is now called the crime of throwing dangerous substances, which refers to the act of deliberately throwing poisons to endanger public safety. 1. The object of the infringement is public security, that is, the life and health of an unspecified majority of people or the security of major public and private property. 2. The crime of dropping dangerous substances is a dangerous crime. Its establishment does not require the actual result of poisoning an unspecified number of people or the destruction of major public or private property. As long as the perpetrator commits the act of dropping toxic substances, which is enough to endanger the safety of the public, it is constitutes the crime of releasing dangerous substances. Secondly, the constituent elements of the crime of releasing dangerous substances are as follows: 1. The object of the infringement is public safety; 2. The objective aspect is that the perpetrator committed an act of releasing toxic substances that endangers public safety. Here " "Putting dangerous substances" means putting "dangerous substances" into water and food for public drinking or consumption, or water pools for drinking by livestock and poultry, drinking water, food, or water and beverages for livestock and poultry that can seriously endanger human health, life safety or Poisonous behavior causing significant property damage. Regardless of the specific method of poisoning, and no matter what kind of poison is used, as long as the poisoning has threatened the life, health and safety of major public and private property of an unspecified number of people, it can constitute a crime; 3. The subject is a general subject. According to relevant regulations, if a person who is over 14 years old but under 16 years old commits the crime of poisoning, he shall be held criminally responsible;
4. The subjective aspect is intentional. It can be done directly or indirectly intentionally.
Legal Basis
"Criminal Law of the People's Republic of China"
Article 114 To release toxic, radioactive, infectious disease pathogens and other dangerous substances Whoever commits the crime of arson, flooding, explosion, endangering public safety, or endangering public safety by other dangerous methods without causing serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
The legal content of the above lawyers is for reference only. Since the background of each case or dispute is different, the solution may also be different. In order to better help you solve the problem and safeguard your legitimate rights and interests, it is recommended that you consult a lawyer directly and explain the situation in detail so that the lawyer can provide you with a solution.
The above content is jointly produced by lawyers and lawyers, and is copyrighted. It may not be copied or reproduced in any form without permission.
Read the original text
Is it useful?
|
Comments
All answers (4)
Yang Gao
There is no "poisoning" in the criminal law For this crime, the suspected crime of poisoning is "the crime of throwing dangerous substances." There is no crime of "poisoning" in the criminal law. Anyone who commits this crime and has not caused any harmful consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes serious injury or death or causes heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years, or life imprisonment or death.
01:30
How many years should be sentenced for the crime of poisoning stipulated in the criminal law?
Find the legal network. com
Published on 2020-07-09
Has been viewed by 500 people
Li Jiachuan
Poisoning and releasing dangerous substances Sentencing of the crime: If no serious consequences are caused, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if serious injury or death is caused, or public or private property suffers heavy losses, the person shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.
How much is the penalty for poisoning?
Find the Legal Network
Published on 2021-04-27
Shen Zhigang
If the poisoner has not caused serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if he causes serious injury or death or causes heavy losses to public or private property, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. death penalty. The crime of throwing dangerous substances means that the perpetrator intentionally throws dangerous substances to cause poisoning, causing serious consequences and endangering public health.
How many years should a poisoner be sentenced?
Find the Legal Network
Published on 2021-03-30
马兵
The sentencing standards for poisoners: 1. If there is poisoning, that is, if poison is released to endanger public safety, poisoners are generally sentenced to fixed-term imprisonment of not less than three years but not more than ten years; 2. Poisoning causes serious injury to others. . If death causes serious damage to public or private property and causes serious injury or death to others, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. If public or private property suffers serious damage, he shall be sentenced to death.
How long will a poisoner be sentenced
Find the Legal Network
Published on 2021-08-26