trigger the alarm! Yongkang's fault caused fire and sentenced to 4 years in prison

April 14 morning, Yongkang City People's Court held a public hearing of the criminal case with the fire, the suspect Kim because in the course of hot work ignited the roof of combustible material left over from the fire cause fire, Yongkang City People's Court in accordance with the "Chinese People The provisions of Article 125(2) and Article 67(3) of the Criminal Law of the Republic sentence Jin to 4 years imprisonment for fire crimes .

Recalling the case: at 13:14 on March 3, 2016 Xu, Yong Kang fire brigade received a report that: Economic Development Zone, located in Yongkang City of Zhejiang Jianghong Shun Electrical Co., Ltd. fire, firefighters rushed to the scene and successfully extinguished the fire. After the fire was extinguished, the brigade organized the investigation of fire accidents. The investigation found that the location of the fire was the location of the workshop on the second floor. The cause of the fire was that Kim burned the roof of the combustibles during the hot work process and caused the fire to occur. The fire burned over an area of 1800. ?, resulting in more than 16 million yuan in property losses . In view of Kim’s alleged negligence causing fire, according to the provisions of Article 115, paragraph 2 of the Criminal Law, criminal responsibility shall be investigated.

After on-the-spot investigations and multi-party collection of evidence materials such as victim and witness testimonials, the Yongkang Public Security Fire Brigade collated case files and evidence and handed over to the City Procuratorate for prosecution. After being examined and prosecuted by the Municipal People’s Procuratorate, the Municipal People’s Court held that the fact that the fire was left behind by the ignition of the burning of the roof’s combustibles during the hot work process was clear and the evidence was conclusive and sufficient, according to “The Criminal Law of the People’s Republic of China” The second paragraph of Article 15 and the third paragraph of Article 67 shall be sentenced to 4 years imprisonment by Kim for fire crimes .

This case has sounded the alarm for the general public and hopes that the general public will draw lessons from it. We must pay attention to safety while using the fire. So what is the crime of fire and what are the criteria for filing a crime? I believe many people do not understand this. In this case, Yongkang Fire will conduct popular science for the general public.

Fire crime refers to the act of causing fire due to the negligence of an actor, causing serious consequences and endangering public safety. This is a crime that erroneously endangers public safety. If a negligence causes fire, one of the following circumstances is suspected:

(1) resulting in death of more than one person or serious injury to more than three persons;

(2) having a direct economic loss of more than 500,000 yuan in public property or property of others;

(3) causing the burning of houses and other basic living materials of more than ten households;

(4) Forest fires that cause more than 2 hectares of forested land, or more than 4 hectares of forest land, shrubbery land, unforested land, and nursery land;

(5) Other situations that cause serious consequences.

The "forest lands", "sparse forest lands", "shrub lands", "unforested lands" and "nursery lands" stipulated in this Article and Article 15 of the present Provisions shall be determined in accordance with the relevant provisions of the State Forestry Administration.

A person who commits a crime of miscarriage shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

In the judicial practice, when the fire has caused serious consequences and constitutes a crime of fire, it is generally punished by the actor in the statutory basic penalty level. In other words, the misconduct caused serious consequences of serious injury, death, or serious loss of public and private property. Generally, the penalty is within the range of three to seven years of fixed-term imprisonment. However, under the premise of serious consequences caused by the misconduct, comprehensive investigations will be conducted to analyze the subjective and objective aspects of the perpetrators. If the circumstances are minor, the punishment shall be punished within three years of imprisonment or criminal detention. This is a special measure of sentencing, which is applicable to the situation where the “plot is lighter”. If a comprehensive investigation and analysis of the subjective and objective aspects of the crime does not belong to the lesser of the circumstances, the punishment can only be punished within the scope of the basic sentencing. As for what the circumstances are minor, we should not only look at the situation in one aspect, but should comprehensively analyze the situation of the subjective and objective aspects, and then conduct a holistic identification. These situations mainly include:

(1) the perpetrator's age of criminal responsibility and criminal capacity, such as whether full 16 weeks of minors end of the year at least 18 years of age, whether limited criminal responsibility and so on;

( 2 ) The degree of subjective malice of the actor, such as the consistent performance of the actor, attitude after the crime, etc.;

( 3 ) The objective situation of the crime, such as the specific damage caused by the crime, the time and place of the crime, and the object of the crime.

The information in this article comes from the Internet and was reorganized and edited by China Rescue Equipment Network.