1. How to sentence the crime of causing death and constituting a major liability accident?
According to Article 134 of the Criminal Law, anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Committing the crime of major liability accident under particularly bad circumstances is an aggravating circumstance of this crime. The circumstances here are particularly egregious, which refers to causing a large number of casualties, causing particularly heavy losses to public or private property, or causing extremely bad effects on society.
2. The concept of the crime of major liability accidents
This crime refers to violating relevant safety management regulations in production and operation, or forcing others to violate regulations and risk operations, resulting in major liability Accidents or actions causing other serious consequences.
2. Crime composition
The crime of major accidents refers to violations of relevant safety management regulations during production and operation, resulting in major casualties or other serious consequences.
1. Object of the crime
The objects violated by the crime of major liability accident are persons and property.
2. Objective aspect
The crime of major liability accident refers to the violation of relevant safety management regulations in production and operation. The violation of relevant safety management regulations here refers to the violation of laws, regulations and rules related to safety production. Therefore, the regulations on production safety include the following three situations:
(1) Various laws, regulations and other normative documents on production safety promulgated by the state.
(2) Various rules and regulations formulated by enterprises and institutions and their superior management agencies that reflect the objective laws of production safety, including regulations on process technology, production operations, technical supervision, labor protection, safety management, etc. , rules, charters, regulations, methods and systems.
(3) Although there is no express provision, it reflects the objective rules and requirements for safe operations in production, scientific research, design, and construction, and is effective operating habits and practices recognized by employees in practice.
The result of the crime of serious liability accident is the occurrence of serious casualties or other serious consequences. According to 1 "Regulations of the Supreme People's Procuratorate on the filing standards for cases of infringement of citizens' democratic rights, personal rights and dereliction of duty directly accepted by the People's Procuratorate", the consequences of the crime of major liability accidents are as follows:
(1 ) Causes death to more than 1 person:
(2) Causes serious injury to more than 3 people;
(3) Causes direct economic loss of more than 50,000 yuan, or economic loss of 50,000 yuan above. The economic loss exceeds 10,000 yuan, or the economic loss is less than the prescribed amount, but the circumstances are serious, resulting in serious damage to production and work.
3. Subjective elements
The form of crime of the crime of major liability accident is negligence. Negligence here refers to the subjective state of mind that one should have foreseen that one's actions might cause a major accident or cause other serious consequences, and one did not foresee it due to negligence, or one had already foreseen it and believed it could be avoided, leading to the occurrence of such consequences.
4. Standards for filing a case
There is no clear standard for filing a case for this crime. In handling criminal cases endangering mine production safety, according to Article 4 of the "Interpretations of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Endangering Mine Production Safety"
(1) If a mine production safety accident occurs, Any of the following circumstances shall be deemed as a "major casualty accident or other serious consequences"
① causing the death of one or more people, or serious injury to three or more people;
② causing direct economic consequences Loss of more than 1 million yuan;
③ Cause other serious consequences.
(2) If one of the following circumstances occurs, it shall be deemed as "particularly egregious circumstances."
①Cause more than 3 people to die, or more than 10 people to be seriously injured;
②Cause direct economic loss of more than 3 million yuan;
③Other circumstances are special vile.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "Article 134 of the Criminal Law of the People's Republic of China for the Crime of Major Liability Accidents. Anyone who violates relevant safety management regulations in production or operation, resulting in a major casualty accident or other serious consequences, shall be sentenced to three years' imprisonment." Fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Article 134 of the Criminal Law summarizes the subjects of this crime as factories, mines, forests, construction enterprises or others. Employees of enterprises and institutions. Although the criminal law provides general provisions on the scope of this crime, due to the complexity of the actual situation, the provisions of the criminal law are not clear on some issues. Therefore, it is necessary to follow the spirit of the provisions of the criminal law. Conduct a detailed analysis of this crime.