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What are the four elements of the crime of forcing illegal risky operations

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What are the four elements of the crime of forcing illegal risky operations


        

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  • 2024-06-08 13:00:01

    The four elements of the crime of forcing illegal risky operations are: the main element is a natural person with full criminal responsibility; The subjective element is the mentality of negligence; The object element is public security; The objective element is to force the operation against rules and regulations, resulting in serious casualties or other serious consequences. Legal basis: Article 15 of the Criminal Law should foresee that his behavior may cause harm to society, but it is a negligent crime if he fails to foresee it because of negligence, or he has foreseen it and believes it can be avoided, so that such a result occurs. Criminal responsibility shall be borne for negligent crimes only if the law so provides. Article 134, paragraph 2, Whoever forces another person to operate at risk in violation of the rules or regulations, or, knowing that there are hidden dangers of serious accidents but not eliminating them, still organizes operations at risk, thus causing an accident involving heavy casualties or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially flagrant, he shall be sentenced to fixed-term imprisonment of not less than five years.

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