The Tomb Sweeping Day is a traditional festival of sacrifice in China and the peak of tomb sweeping and ancestor worship. However, in spring, the air dried things are dry, and a little carelessness in activities such as burning incense and paper during sacrifice is very likely to cause fire, which not only causes losses to the property safety of the people, but also damages the good ecological environment, and at the same time, it will also pay a heavy price for this.
Case review
In April 2023, when the Qingming Festival comes again, the spring is bright and the spring breeze is blowing. Wang in Gegong Town is ready to sacrifice with burning paper and fireworks as usual.After arriving at a mountain site in Gegong Town, Wang put away the sacrificial supplies and lit the fireworks with his portable lighter. The sparks of the burning fireworks fell into the weeds beside the ancestral graves to ignite the grass, and then ignited the pine trees and other trees planted in the mountain site, causing a forest fire.Although the open fire was put out with the help of the fire brigade and the surrounding villagers, it caused 53 mu (about 3.53 hectares) of forest land to go over the fire, and also caused economic losses of more than 10000 yuan for Tan.
In May 2023, Dongzhi County Public Security Bureau will put the case on file for investigation, and in July 2023, it will be transferred to Dongzhi County People's Procuratorate for examination and prosecution.After examination, Wang caused a forest fire by his fault, and the forest land area was 3.53 hectares (53 mu). His behavior violated the second paragraph of Article 115 of the Criminal Law of the People's Republic of China [the crime of fire], but it belongs to a relatively minor circumstance, and has surrendered himself, pleaded guilty, made compensation and obtained understanding and other circumstances, so he should be treated as guilty to prosecution.
Prosecutors popularize the law one
crime of negligently causing a fire
The crime of fire refers to the act that causes fire, endangers public security, causes casualties or heavy losses of public and private property due to the fault of the perpetrator.
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Case filing standard
According to Article 1 of the Provisions on the Criteria for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (I) issued by the Supreme People's Procuratorate and the Ministry of Public Security, if fire is caused by negligence and one of the following circumstances is suspected, the case shall be filed for prosecution:
（1） Causing more than one death or more than three serious injuries;
（2） Causing direct economic losses of more than 500000 yuan to public property or other people's property;
（3） Causing the houses of more than 10 families and other basic means of living to burn down;
（4） The forest fire is caused, and the area of forest land is more than 2 hectares, or the area of sparse forest land, shrubbery land, uncultivated forest land and nursery land is more than 4 hectares;
（5） Other circumstances causing serious consequences.
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punish
Article 115 of the Criminal Law of the People's Republic of ChinaArson, water inrush, explosion, the release of toxic, radioactive, infectious disease pathogens and other substances, or other dangerous methods to cause serious injury or death or heavy losses of 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。
reminder
The Qingming Festival is very frequent. The masses should be vigilant to prevent fire accidents
zerooneSafety Sacrifice
Strictly abide by the safety regulations of the sacrificial places, regulate their own sacrificial sweeping behavior, and prohibit smoking, burning paper money, setting off fireworks and paper offerings in cemeteries, forest areas and other areas.
zerotwoCivilized sacrifice
It is strictly prohibited to occupy or block traffic roads, emergency exits and fire passages. At the same time, pay attention to personal safety and take good care of children and the elderly.
zerothreePeace Sacrifice
Before driving, remember to check the vehicle circuit and oil way. Before going out, remember to turn off the fire source and unnecessary electrical appliances in the home. Clean up the sundries in the corridor in time. It is prohibited to burn incense and paper in the community and corridor, so as to enhance the awareness of fire prevention and prevent from "burning".
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Source: Dongzhi Procurator WeChat official account