The criminal responsibility for the fire caused by drunk driving in Xiangyang is criminal detention and a fine. In addition, the fire caused by negligence is suspected to constitute the crime of misfire. Article 115 of the Criminal Law stipulates that anyone who causes serious injury or death or heavy losses to public or private property by arson or other dangerous methods shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Article 133 of the Criminal Law: Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
Chasing racing, with bad circumstances;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passenger capacity, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, endangering public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
Second, the criteria for filing fire crimes
1, resulting in more than 3 deaths;
2. Serious injury 10 or death, serious injury 10 or more;
3, resulting in direct property losses of more than 6,543,800 yuan;
4, burned more than 30 households, direct property losses totaling more than 500 thousand yuan;
5. The burned forest land area is more than 50 hectares or the shelterbelt and special-purpose forest area is more than 10 hectares;
6 casualties, burned households, direct property losses, although less than the prescribed amount, but serious enough to cause great damage to production, teaching and life.
(2) Whoever negligently causes a fire shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with the "minor circumstances" stipulated in the second paragraph of Article 115 of the Criminal Law:
1, causing more than 1 people to die or more than 3 people to be seriously injured;
2, resulting in direct property losses of more than 300 thousand yuan;
3, burned 15 households and direct property losses totaling more than 250,000 yuan;
4. The burned forest area exceeds 2 hectares.
The fire caused by drunk driving is probably caused by spontaneous combustion of vehicles. If the driver also died of spontaneous combustion of the vehicle, the criminal responsibility of the criminal suspect cannot be automatically transferred to other close relatives when the criminal suspect has died. If it is not spontaneous combustion, but a fire caused by a traffic accident, there is no case of specific criminal responsibility and an accurate answer cannot be given.
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