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Legal Analysis: Generally speaking, it does not constitute a crime to die without help, but it may constitute a crime under special circumstances. Persons with specific status, such as police officers, firefighters, military personnel, etc., may be suspected of the crime of dereliction of duty by omission if they encounter personal danger in the course of performing their duties and do not come to the rescue.
In addition, the duty to rescue is brought about by the obligation to come first, such as when an adult takes a minor to a dangerous place and puts him in danger, in which case the adult has an obligation to help.
Legal basis: Criminal Law of the People's Republic of China
Article 397:Where a functionary of a state organ abuses his power or neglects his duties, causing major losses to public property or the interests of the State or the people, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. Where this Law provides otherwise, follow those provisions. Where employees of state organs twist the law for personal gain and commit the crimes described in the preceding paragraph, they are sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment.
Where this Law provides otherwise, follow those provisions.
Article 429:Whoever clearly knows that a friendly and neighboring unit is in a critical situation on the battlefield and requests rescue, but fails to do so, causing the friendly and neighboring troops to suffer heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years.
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Legal Analysis: Failure to save people in the face of death constitutes a crime under special circumstances, corresponding to the crime of abuse of power or dereliction of duty. For example, a person with a specific status, such as a police officer, firefighter, soldier, etc., may be suspected of the crime of dereliction of duty if he encounters personal danger from others in the course of performing his duties and does not come to the rescue.
And ordinary people who do not save themselves when they see death are at most morally condemned.
Legal basis: "Criminal Law of the People's Republic of China" Article 397: Where a functionary of a state organ abuses his power or neglects his duties, causing major losses to public property or the interests of the state or the people, he shall be sentenced to fixed-term imprisonment of not more than three years or not more than three years but not more than seven years imprisonment if the short-term detention is especially serious. Where this Law provides otherwise, follow those provisions.
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Hello, not saving when you see death is a kind of omission, and not saving people when you see death does not necessarily constitute a crime. The following conditions must be met for failure to save death in the face of death to constitute a crime:
1. The perpetrator has an obligation of a legal nature to carry out a specified positive act. This obligation requires that it be of a legal nature and that its content be a positive act. The main elements of this obligation are:
1) Obligations expressly stipulated by laws and regulations. For example, China's "Marriage Law" stipulates that parents have the obligation to raise and educate their children, and children have the obligation to support and support their parents. Therefore, the act of refusing to raise or support may constitute a crime of omission.
2) Obligations required by the position or business. If the staff of a state organ has the obligation to perform the corresponding duties, the firefighters on duty have the obligation to eliminate the fire, and if a fire occurs and the firefighters do not treat it and cause death, the firefighters on duty shall constitute a crime of omission.
3) Obligations arising from legal acts. For example, contractual acts, voluntary acceptance acts, etc., may lead to the actor having an obligation to carry out certain positive acts.
4) Obligations arising from prior acts. This refers to the specific positive obligation that the perpetrator has to eliminate the danger or prevent the occurrence of harmful results when the lawful rights and interests protected by the criminal law are in danger due to a certain act of the perpetrator. If an adult swims with a child, and if the child drowns and the adult deliberately fails to give treatment, the perpetrator commits intentional homicide by omission.
2. The actor is able to perform a specific obligation. If the person does not have the ability to act, for example, if someone falls into the river and calls for help, and the person on the bank is an 8-year-old child, then the child does not have the ability to save people, and if the child does not jump into the river to help, it does not constitute a crime of omission.
3. The perpetrator's failure to perform a specific obligation has caused or is likely to cause harmful results. Nor does it constitute an offence of omission if the perpetrator fails to perform a specific obligation that would not cause or is likely to cause a harmful result.
Hope the above is helpful to you.