Hello, my answer to the question of what law the crime of endangering public security belongs to is as follows. Because of the importance of public security, those who endanger public security by dangerous means will be investigated for criminal responsibility. Then, what is the sentencing of the crime of endangering public security by dangerous means
The crime of endangering public security by dangerous means is a general crime. It is an act that intentionally endangers public security by means of dangerous means other than setting fire, breaking water, exploding and throwing dangerous substances. The object of the crime is public security, and the subjective performance is intentional.
Since the crime of endangering public security by dangerous means belongs to the crime of endangering public security, when identifying such a crime, we must strictly grasp the specific elements that constitute the crime of endangering public security. We cannot blindly expand the interpretation, nor arbitrarily narrow its scope, confuse the boundaries between crime and non crime, this crime and that crime, resulting in inaccurate conviction and improper sentencing.
In accordance with the provisions of Articles 114 and 115 of the Criminal Law, if anyone endangers public security by dangerous means, but has not caused serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. If the crime causes serious injury, death or heavy losses to public or private property, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Criminal Law of the People's Republic of China
Article 114 Whoever commits arson, breaches water, explodes, releases dangerous substances, or endangers public security by dangerous means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years if serious consequences have not been caused.
Article 115 Whoever commits arson, breaches the water, explodes, releases dangerous substances, endangers public security by dangerous means, or releases toxic, radioactive, infectious disease pathogens or other substances, or uses other dangerous means to cause serious injury or death, or cause heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years Life imprisonment or death penalty.
Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, if the circumstances are relatively minor, to fixed-term imprisonment of not more than three years or criminal detention.