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Some people are very timid and can't withstand the fright, especially those with heart disease, so if you scare people to death, is it illegal? Next, I have compiled some knowledge about this for you, welcome to read!
It depends on the specific situation, first of all, it depends on the person who is scared to know that his behavior can scare people to death, and if he knows that person has a heart disease and deliberately scares him, he may receive legal sanctions. Secondly, it depends on the subjective purpose of the person who is frightened, if he knows that he will be scared to death, that is, he is to be scared to death, which may constitute the crime of intentional homicide, if he knows that he will be scared to death, and allows this result to happen, it is also the crime of intentional homicide, it is indirect intentional, if he knows that he will be scared to death, but thinks that he will not be scared to death, and the result is scared to death, it is the crime of negligence causing death, it is the fault of overconfidence, if he does not know that he will be scared to death, it may constitute the crime of negligence causing death, it is negligent negligence, or it may be an accident, No legal liability.
Is it illegal to scare people to death by pranks.
Causing another person to be frightened to death due to mischief is negligence causing death under the criminal law, and it is an act that violates the criminal law and is punishable by criminal punishment.
The crime of negligence causing death refers to the act of depriving others of their right to life by negligently believing that the death of another person could be avoided due to negligence or having foreseen it.
The crime of negligent death must be negligence, that is, one should have foreseen that one's actions might cause the harmful result of the death of another person, and because of negligence and did not foresee it, or had foreseen it and believed that it could be avoided, so that the harmful result of the death of another person occurred. Objectively, the act causing death must have been carried out and the result of death had been caused, and there must be a causal relationship between the act and the result of death.
1) The object violated by this crime is the right to life of others;
2) The objective manifestations of this crime are:
1. The perpetrator has an act that causes death;
2. Objectively, there must have been a result that caused death;
3. There is a causal relationship between the perpetrator's negligent act and the result of the victim's death.
3) The subject of the crime is an ordinary subject, that is, a natural person who is at least 16 years old and has the capacity for criminal responsibility, and may constitute the subject of this crime;
4) The crime is subjectively manifested as negligence in the crime, including overconfident negligence and negligent negligence, which is for the result of death.
Article 233 of the Criminal Law stipulates that whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
Further reading: How to calculate personal injury compensation.
What evidence needs to be provided in a personal injury compensation case.
Commencement of the statute of limitations for personal injury disputes.
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As long as the act is intentional, it is legally responsible. What sentence will be imposed and how heavy the sentence will be depends on the motive and the consequences. The motive, that is, the purpose of the behavior, is to say that he wants to make a joke or just want to scare him to death.
The consequences, i.e., what the result was, whether it was scared sick or scared to death or just one fright. The crime of intentional homicide is punishable by the death penalty as poisoning, shooting, and other means. Mischief and scare people to death are guilty of manslaughter, which is not subject to the death penalty.
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Death is generally considered to be a crime.
1. The crime has three characteristics, namely, social harmfulness, criminal illegality, and should be punished by criminal punishment 2. The composition of the crime includes four elements: the subject of the crime, the subjective aspect of the crime, the object of the crime, and the objective aspect of the crime.
3. The subject of the crime is this scary person.
The object of the crime is the person who is frightened, and the objective aspect of the crime is the person who is scared to death.
4. The subjectivity of crime is the focus of this issue.
There are several scenarios that should be divided:
1) The person who commits the intimidation causes the death of a person by accident without the purpose or motive of committing the crime. may not be held criminally liable, but civil liability may be borne.
2) The person who commits the scary act has a clear purpose and motive. or frightening the victim knowing that he or she cannot be frightened. shall be criminally responsible.
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It depends on the specific situation, first of all, it depends on the person who is scared to know that he doesn't know that his behavior can scare people to death, if he knows that person has a heart disease, and deliberately scares him, he may be punished by the law.
Secondly, it depends on the subjective purpose of the person who is frightened, if he knows that he will be scared to death, that is, he is to be scared to death, which may constitute the crime of intentional homicide. If you know that you will be scared to death and let this result happen, you are also deliberately repenting of the crime of homicide, which is indirect intention. If you know that you will be scared to death, but you think that you will not be scared to death, and you are scared to death, it is the crime of negligence causing death, it is the fault of overconfidence, if you do not know that you will be scared to death, it may constitute the crime of negligence causing death, it is negligence, it may also be an accident, and you do not bear legal responsibility.
Legal basis: Article 233 of the Criminal Law of the People's Republic of China Whoever causes death by premature negligence in filial piety shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
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Lawyer's analysis: It depends on the specific situation, first of all, it depends on the person who is scared to know that his behavior can scare people to death, and if he knows that person has heart disease, and deliberately goes to scare people, he may be punished by law.
Legal basis]:
Criminal Law of the People's Republic of China Article 233 Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
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Legal analysis: To look at the specific situation, first of all, it depends on the person who is scared to know that his behavior can scare people to death, if he knows that the person has heart disease, and deliberately scares him, he may be punished by the law. Secondly, it depends on the subjective purpose of the person who is frightened, if he knows that he will be scared to death, he is to be scared to death by acting, which may constitute the crime of intentional homicide.
If you know that you will be scared to death and let this result happen, it is also the crime of intentional homicide, which is indirect intent. If you know that you will be scared to death, but you think that you will not be scared to death, and you will be scared to death, it is the crime of negligence causing death, and it is the fault of overconfidence.
Legal basis: Article 233 of the Criminal Law of the People's Republic of China: Where negligence causes death, a sentence of between three and seven years imprisonment is to be given, and where the sentence is less, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
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If the death of a person is an unforeseeable accident, he is not guilty of the law and does not bear criminal responsibility. If you know that you will be scared to death, you want to be scared to death, which may constitute the crime of intentional homicide, and if you know that you will be scared to death and let this result happen, it is also the crime of intentional homicide, which is indirect intent, and if you know that you will be scared to death, but you think that you will not be scared to death, and you are scared to death as a result, it is the crime of negligence causing death. If you don't know that you will be scared to death, it may constitute the crime of negligence causing death, which is negligent negligence.
Legal basis]:
Criminal Law of the People's Republic of China
Article 232:Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
Article 233:Whoever causes death by negligence is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
The crime of intentional homicide is the act of intentionally and unlawfully depriving another person of his life. Life is the basis and prerequisite for the exercise of all other rights, and the life of any citizen is protected by law.
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