How many years to be sentenced to the crime of railway operation safety accident

The railway transportation is not only reflected in the convenience of travel for Chinese citizens in life, but also brings great convenience to the transportation of goods. But the railway has corresponding laws in the process of transportation statute If a safety accident is caused by human operation, criminal responsibility should be borne. The following is a brief introduction, Crime of railway operation safety accident How many years?

1、 How many years is the crime of railway operation safety accident sentenced?

Whoever commits this crime shall be punished for not more than three years fixed-term imprisonment perhaps criminal detention ; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article and judicial interpretation[ criminal law Article 132 Any railway worker who violates the rules and regulations, thereby causing a railway operation safety accident and causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 71 of the Railway Law, if a railway worker neglects his duty, violates rules and regulations and causes a railway operation accident, abuses his power and seeks personal gains by taking advantage of handling transportation business, he shall be given administrative sanctions. If the circumstances are serious enough to constitute a crime, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

2、 According to the relevant laws, regulations and rules of our country, the scope and standards of compensation for damage caused by railway freight transportation are as follows:

1. If the shipper or consignee causes losses to the railway transport enterprise or a third party due to its own fault, it shall compensate according to the actual loss value.

2. A railway transport enterprise shall be liable for the loss of the actual value of goods arising from the loss, shortage, deterioration, pollution or damage of goods during the transport of goods. When a railway transport enterprise makes compensation according to the actual loss, it shall make compensation according to the actual value of the lost or missing goods; If the original value of the goods has been reduced due to deterioration, pollution or damage, compensation may be made according to the difference between the actual value before and after the damage or the costs of processing or repair. The price standard of compensation is: the compensation price of the goods is calculated according to the actual value at the time of shipment. If the actual value does not include the paid railway freight and miscellaneous charges, packaging fees, insurance premiums, short distance moving fees, etc., it shall be calculated according to the proportion of the loss.

3. When the shipper or consignee claims against the carrier for the loss of goods, it shall submit a claim for compensation (Form 12) to the arrival station (the accident occurred before the goods were sent to the departure station) in batches, and attach the freight bill, freight records and relevant supporting documents. For personal belongings transported according to the insured price, it shall also submit a list of items stamped with the departure date stamp; If you want to refund the overcharged transportation fees, you must submit the third copy of the freight bill or the receipt of freight and miscellaneous fees (format 13), and directly contact the collection station for processing; The consignee requires the carrier to pay for overdue delivery Liquidated damages The freight bill shall be submitted to the destination. When the carrier claims for compensation from the shipper or consignee, it shall provide the freight records, loss list and necessary supporting documents.

4. The period of validity for the carrier and the shipper or consignee to claim compensation or refund of expenses is 180 days, but the period of validity for the carrier to pay liquidated damages is 60 days. The valid period starts from the following date:

(1) If the goods are lost or damaged or the railway transport equipment is damaged, it shall be the day after the carrier delivers the freight record; If all the goods are lost and no freight record is kept, it is the 31st day when the time limit for shipment expires.

(2) The next day after the collection of the transportation fee is the day when the transportation fee is overcharged or overcharged.

(3) The liquidated damages shall be paid in the month following the delivery of the goods.

(4) Other compensation and refund of overcharged or undercharged expenses shall be the day after the occurrence of the accident or the collection of such expenses.

We can see that if you commit this crime, you will face three to seven years of imprisonment. In addition, if the authority is abused and the transportation business is used for personal gain, administrative sanctions will be given. In the process of railway transportation, if a safety accident is caused, the railway department should also bear the corresponding liability for compensation.