Doesn t death save crime? Is it a crime not to save oneself when one dies?

Legal analysis: According to the criminal theory of the Criminal Law of the People's Republic of China, for a person with specific obligations, if he can perform but fails to perform his obligations, he will not be saved, which constitutes a crime. There are three main cases:

First, the law clearly stipulates that the actor has a specific obligation to provide assistance. If you are able to fulfill your obligations but do not fulfill your obligations, and you do not save yourself in the face of death, you may be suspected of intentional homicide. The second is the personnel who have specific obligations in their positions or business.

If you are able to fulfill your obligations but do not fulfill your obligations, and you do not save yourself in the face of death, you may be suspected of intentional homicide. The third is the specific obligated personnel arising from the prior acts. If a car driver has the obligation to rescue the injured in a timely manner after a traffic accident, if the driver who caused the accident does not take active measures to rescue and escapes, resulting in death, it constitutes the crime of causing a traffic accident and the punishment shall be increased; If the driver not only does not help, but transfers the injured person to a remote place, causing death, it constitutes the crime of intentional homide.

Legal basis: Article 232 of the Criminal Law of the People's Republic of China 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.

Legal analysis: to be determined according to the actual situation.

In criminal law theory, there is a crime that is constituted in the form of an omission. The so-called "omission" refers to a situation in which the actor is obliged to carry out and can carry out a certain positive act but does not do it, that is, a situation in which he should have done and could have done it, but did not do it.

There are three conditions that need to be met for the establishment of "omission".

First, the perpetrator has an obligation to do something positive, which is a prerequisite for the establishment of Burn Hao. This includes: specific obligations under the law; Obligations required to be performed in the course of one's position or business; obligations arising from the prior conduct of the perpetrator which puts an interest protected by law at risk, etc.

Second, the perpetrator had a real possibility of performing a particular obligation, but failed to do so. If there is no real possibility of fulfilling the obligation in the first place, the omission cannot be established.

Third, there is a causal relationship between the perpetrator's omission in failing to perform the special socks and land affairs and the final harmful result.

Therefore, if these conditions are met but "death is not saved", it may constitute a criminal offense.

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.

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Legal analysis: distinguish the situation, if it is just a passer-by and has nothing to do with the person who fell into the water, then even if you do not save it, you will not break the law, but there are public officials who are obliged, such as firefighters, police officers, Liang Laque, etc.; There is also the fact that the person who fell into the water was brought out by himself. In these two cases, if you don't save yourself, you may be suspected of violating the law and committing a crime.

Legal basis: Police Law of the People's Republic of China

Article 19: People's police shall perform their duties during non-working hours and in emergency situations within the scope of their duties.

Article 20: People's police encountering violations of citizens' personal or property safety, or other situations of distress, shall immediately provide assistance; Citizens who request to resolve disputes shall be given assistance to the bureau; Cases of citizens reporting to the police shall be promptly investigated and handled. People's police shall actively participate in emergency rescue and disaster relief and public interest work.

It is not a crime to see death and not to be saved. In our country's law, there is no crime related to death or rescue. Ordinary citizens do not bear legal responsibility for death without acting as an obligation, but civil servants, staff, legally authorized personnel, and parents and children who have a relationship of support and support will constitute a crime if they do not save them in the event of death.

If the personal rights of others are in danger as a result of the actor's previous conduct, the actor has an obligation to prevent the harmful consequences from occurring.

[Legal basis].Police Law of the People's Republic of China》 Article 21: People's police encountering violations of citizens' personal or property safety or other situations of distress shall immediately provide assistance; Assistance shall be given to citizens who request the resolution of disputes; Cases of citizens reporting to the police shall be promptly investigated and handled.

People's police shall actively participate in emergency rescue and disaster relief and public interest work.