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Legal analysis: Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. 1.
In any of the following circumstances, a safety accident shall be found to have "caused serious consequences" or "a major accident has occurred or other serious consequences have occurred", and the relevant responsible persons are to be sentenced to up to three years imprisonment or short-term detention: (1) causing the death of one or more persons, or seriously injuring three or more persons; (2) Causing direct economic losses of 1,000,000 RMB or more; (3) Other situations that cause serious consequences or major security incidents. 2.
In any of the following circumstances, the relevant responsible persons shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years: (1) causing the death of three or more persons or seriously injuring 10 or more persons, and bearing primary responsibility for the accident; (2) Causing direct economic losses of 5 million yuan or more, and bearing primary responsibility for the accident; (3) Other situations that cause especially serious consequences, where the circumstances are especially heinous, or where the consequences are especially serious. Legal basis:
Criminal Law of the People's Republic of China" Article 134 Whoever violates the provisions on safety management in the course of production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.
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1. Violating the relevant safety management regulations in production and operation.
2. Because of the violation of the regulations, a major accident or other serious consequences have occurred.
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The crime of major liability accident refers to the violation of relevant safety management regulations in production and operation, resulting in a major accident or other serious consequences.
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Legal analysis: In case of violation of relevant safety management regulations in production and operation, resulting in a major accident or other serious consequences, the public security organ will file a case in accordance with the law and investigate criminal responsibility. Whoever commits this crime in accordance with relevant laws and regulations shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.
Legal basis: Article 134 of the Criminal Law of the People's Republic of China Whoever violates the provisions on safety management in production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.
Whoever compels others to carry out such dangerous operations in violation of regulations, or clearly knows that there is a potential danger of a major accident but does not eliminate it, but still takes the risk to organize the operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.
Article 134-1? Whoever violates the provisions on safety management in production or operation, and has any of the following circumstances, and there is a real danger of a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release:
1) Shutting down or destroying monitoring, alarming, protection, or life-saving equipment or facilities directly related to production safety, or tampering, concealing, or destroying data or information related to them;
2) Being ordered to suspend production and business, stop construction, stop using relevant equipment, facilities, or places due to the existence of potential major accidents in accordance with law, or immediately take measures to eliminate the danger.
3) Matters involving production safety are sooner or later engaged in highly dangerous production activities such as mining, metal smelting, construction, and the production, operation, and storage of dangerous goods without the approval or permission of the person in accordance with the law.
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Conditions for filing a case for the crime of major liability accidents:
1. The perpetrator violates safety management regulations in production or operation, causing the death of one or more persons or the serious injury of three or more persons;
2. Causing direct economic losses of more than 500,000 yuan;
3. Causing a mine production safety accident, causing direct economic losses of more than 1 million yuan;
4. Causing other serious consequences.
Legal basis:Article 8 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)".
Anyone who violates the relevant safety management regulations in production or operation and is suspected of any of the following circumstances shall be prosecuted:
1) Causing the death of one or more persons, or the serious injury of three or more persons;
2) Causing direct economic losses of 500,000 yuan or more;
3) The occurrence of a mine production safety accident, resulting in a direct economic loss of more than 1 million yuan;
4) Other situations that cause serious consequences.
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Legal Analysis: Criteria for Filing a Case for the Crime of Major Liability Accidents:
Anyone who violates the relevant safety management regulations in production or Tan Xiaowu operations and is suspected of any of the following circumstances shall be prosecuted: (1) causing the death of one or more people, or seriously injuring three or more people; 2) Causing direct economic losses of 500,000 yuan or more; (3) The occurrence of a mine production safety accident, resulting in direct economic losses of 100 or 10,000 yuan or more; (4) Other situations where causing caution to cause serious consequences.
Legal basis: According to the first paragraph of Article 134 of the Criminal Law of the People's Republic of China, the crime of major liability accident refers to the violation of relevant safety management regulations in production and operation, resulting in a major accident or other serious consequences.
The crime of major liability accident is a typical crime of safety liability accident crime stipulated in China's criminal law, and after 30 years of legislative reform and criminal justice practice, the most prominent is the change of the criminal subject, which has developed from a special subject to a general subject. In order to meet the needs of economic and social development, from the perspective of tightening the criminal legal network and better preventing and controlling the crime of major liability accidents, units should also become the main body of major liability accident crimes in our country.
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The criteria for filing a case for the crime of major liability accidents are: the occurrence of a mine production safety accident, causing direct economic losses of more than 1 million yuan; Violating the regulations on safety management in production or operation, resulting in the death of one or more people, or the serious injury of three or more people; causing direct economic losses of more than 500,000 RMB; Other situations that cause serious consequences.
Legal basis] Article 8 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1).
In violation of the relevant safety management regulations in production and operation, and suspected of the following situations, a case shall be filed for prosecution:
1) Causing the death of one or more persons, or seriously injuring three or more persons;
2) Causing direct economic losses of 500,000 yuan or more;
3) The occurrence of a mine production safety accident, resulting in a direct economic loss of more than 1 million yuan;
4) Other situations that cause serious consequences.
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Criteria for filing a case for the crime of major liability accidents: There are facts of the crime, and criminal responsibility needs to be investigated. The facts of this crime refer to the fact that the relevant safety management regulations are violated in production and operation, resulting in a major accident or other serious consequences.
The need to pursue criminal responsibility for this crime refers to situations that do not belong to the fact that the facts of the crime are obviously minor or do not need to be investigated for criminal responsibility.
Legal basis:Article 134 of the Criminal Law.
Whoever violates the provisions on safety management in production or operation, resulting in a major accident or serious consequences caused by his beam width, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.
Article 112 of the Criminal Procedure Law.
People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, accusations, reports, and voluntary surrender in accordance with the scope of their jurisdiction, and when they find that there are facts of a crime that require criminal responsibility, they shall file a case; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and that criminal responsibility does not need to be pursued, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.
The liability accident is ignorant and compliant, and the crime of illegal operation is knowing that the crime is compliant, and the crime plus the first degree of circumstance is even worse.