Li Jiliang
Tianshan.com - reporter of Xinjiang Legal Daily Zhang Xiu, correspondent Ru Feina
Recently, the Korla Railway Transport Court heard a criminal case of destroying traffic facilities.
At 16:00 on February 14, 2022, the defendant Dou came to the G217 National Highway and the No. 07 highway and railway bridge of a railway line in the northern suburb of Kuqa City, Aksu Prefecture.
He wanted to "rub" the train home and put two cement blocks on the rails on both sides of a railway line K8-940m. Unexpectedly, the cement blocks were crushed by the train and failed.
The next day, Dou put the obstacle on the rail in the same way for the second time, causing two locomotives to collide with the obstacle and stop for 37 minutes, seriously affecting the normal operation of the train.
Later, it was identified that Dou's behavior of placing obstacles on the track may cause the running train to overturn, which may lead to the danger of vehicle destruction and human death.
In December 2022, the Korla Railway Transport Court heard the case according to law.
The court held that, according to Article 117 of the Criminal Law of the People's Republic of China, anyone who sabotages tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs or conducts other sabotage activities, which is enough to cause the danger of overturning or destroying trains, automobiles, trams, ships or aircraft, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
In this case, the defendant Dou placed obstacles on the railway, which were enough to overturn and destroy the train, but did not cause serious consequences. His behavior constituted the crime of destroying traffic facilities, and he was investigated for criminal responsibility according to the law for the crime of destroying traffic facilities. Dou, the defendant, was sentenced to four years' imprisonment in view of his voluntary confession of guilt and punishment for his behavior, which was an act to vent his personal anger, retaliate against the society, destroy railway facilities and equipment, and attempt to cause the train to crash and overturn, seriously affecting social stability.
The judge reminded: The following behaviors cannot be done
1、 It is forbidden to walk, sit or lie on the line or pass on the railway line without crossing or pedestrian crossing!
When the train is running, the speed is very fast. Due to inertia, you have to coast for a distance after braking to stop. In addition, when the train passes by, it will set off 6-8 strong wind, and pedestrians within 2-3 meters of the railway may be blown down by the wind and sucked under the vehicle.
2、 It is forbidden to throw sundries on the train.
When the train is running at high speed, like the aircraft, any impact of objects may cause damage to the train shell and glass, and in serious cases may pose a threat to the personnel inside the train and the traffic safety.
3、 It is prohibited to enter the closed area of the railway line without authorization and place obstacles on the line!
The act of entering the guardrail without permission and placing stones on the track endangers the railway safety and affects the normal operation of the train!
4、 It is forbidden to fly kites along the railway.
The catenary line of the railway has high voltage power, no insulation layer, exposed surface, and is directly electrified. As long as it is lower than the safety distance, it will cause electric shock accidents and casualties. When foreign matters such as kites are hung on the catenary, they will lead to power supply network failure, resulting in power failure or interruption of traffic accidents, which will directly affect the safety of railway traffic.
5、 Damage to signaling devices and other equipment is very harmful.
The operation of the railway train depends on the indication of the signal equipment. If the signal device or other equipment is damaged, all trains in the running section may be stopped.
6、 It is prohibited to illegally intercept trains or block railway transportation.
Due to the high density and tight time of train operation, wayward illegal stopping of trains may cause serious train delay.
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[Editor in charge: Liao Yingyue]
