Law

Typical Cases of Punishing Crimes Against Public Safety in Accordance with the Law of the Supreme People's Republic of China

2024-04-03   

Public safety concerns the well-being of the people, social stability and order, and the long-term stability of the country. In order to further play the role of rule guidance and value orientation in judicial adjudication, the Supreme People's Court today released five typical cases of punishing crimes that endanger public safety in accordance with the law. The 5 typical cases released this time have effectively responded to the problems in the application of laws and the grasp of criminal policies in criminal cases that endanger public safety in practice. Among them, Case One "Li Mouchen endangers public safety by dangerous methods" involves the issue of determining the crime of endangering public safety by dangerous methods, clarifying the criteria for determining the crime of endangering public safety by dangerous methods in high-altitude throwing behavior; Case 2 "Wang Mougang's Destruction of Flammable and Explosive Equipment Filing" clearly states that the act of destroying oil and gas equipment in use, stealing oil and gas, and causing a fire constitutes the crime of destroying flammable and explosive equipment. If it also constitutes theft, it should be punished with a heavier crime; Case Three "Liu Moukui and Sun Moumei Illegal Trading of Firearms Case" clearly states that the trial of criminal cases involving firearms and lead bullets powered by compressed gas cannot be solely based on the quantity of firearms. It is necessary to comprehensively consider all aspects of the case, including the specific kinetic energy of the muzzle, and reasonably determine the criminal responsibility of the perpetrator to ensure that the crime, responsibility, and punishment are appropriate; Case 4 "Qi Mouhua Major Liability Accident Case" involves a major building collapse accident that occurred in recent years. It is clear that the primary responsible person who plays the most crucial role in causing production safety accidents must adhere to strict punishment in accordance with the law, and meet the psychological expectations of the people for fairness and justice; Case 5 "Wu Moubo's Dangerous Work Case" clarifies the conviction criteria for the new crime of dangerous work added in the Amendment to the Criminal Law of the People's Republic of China (XI), which is conducive to accurately applying this crime in judicial practice and effectively punishing serious illegal production and operation behaviors, promoting the transformation of public safety governance mode to pre prevention. The relevant person in charge of the Supreme People's Court stated that crimes endangering public safety involve a wide range of industries, have high public attention, and there are many problems in judicial practice. People's courts at all levels should continuously strengthen investigation, research, and summarization of relevant issues, correctly understand and apply the law, and ensure that relevant cases, especially those with significant impact, are properly handled in accordance with the law; Adhere to the principle of "focusing on the front end and preventing diseases before they occur", fulfill the responsibilities of judicial advice in accordance with the law, and address the common and trending issues found in grassroots social governance and risk prevention and control, hazardous material management and control, production and operation safety management of market entities, and regulatory law enforcement activities carried out by departments responsible for safety production supervision and management in trial practice. Actively, timely and targeted judicial suggestions are proposed to urge relevant departments to block loopholes, improve work, timely eliminate safety risks and hidden dangers, and prevent and resolve major risks. (Lai Xin She)

Edit:Yi Yi Responsible editor:Wang Chen

Source:http://rmfyb.chinacourt.org

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