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What are the standards for determining the crime of negligently releasing dangerous substances

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What are the standards for determining the crime of negligently releasing dangerous substances


        

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  • 2024-06-05 14:00:02

    The crime of unintentional release of dangerous substances refers to the act of poisoning, causing serious consequences and endangering public security due to the negligence of the perpetrator. The identification criteria are as follows:

    1. Object requirements. The object of this crime is public security, that is, the safety of life, health and major public and private property of unspecified majority.

    2. Objective requirements. The objective aspect of this crime is the act of causing poisoning and serious consequences endangering public security.

    3. Main elements. The subject of this crime is a general subject, that is, a person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility can constitute it.

    4. Subjective elements. This crime is manifested as negligence in the subjective aspect. That is, the perpetrator has foreseen the serious consequences of his behavior that may cause poisoning and endanger public security, but credibly can avoid it, or should have foreseen such serious consequences, which resulted in serious poisoning accidents due to negligence. It includes mistakes of overconfidence and negligence.

    [Legal Basis]

    Article 115 of the Criminal Law states that anyone who commits arson, breaches a dike, explodes, releases toxic, radioactive, infectious disease pathogens or other substances, or uses other dangerous methods to cause serious injury, death or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

    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, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

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