Are the consequences of the crime of forcing illegal and risky operations serious?

The second paragraph of Article 134 of China's Criminal Law stipulates: "Whoever compels others to carry out risky operations in violation of rules and regulations, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment. ”

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Legal analysis: Whoever forces others to work in violation of rules and regulations and takes risks, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention shall be sentenced to fixed-term imprisonment of not less than five years.

Legal Basis: Criminal Law of the People's Republic of China" Article 134 Whoever violates the provisions on safety management in production or operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or if the short-term detention is particularly heinous, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Whoever compels others to take risks in violation of rules and regulations to engage in the cultivation industry, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or where the short-term detention is particularly heinous, shall be sentenced to fixed-term imprisonment of not less than five years.

According to the provisions of paragraph 2 of Article 1 of the Criminal Law Amendment (VI)), whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than 5 years or short-term detention; where the circumstances are especially heinous, a sentence of 5 or more years imprisonment is to be given. The circumstances are particularly heinous, mainly referring to the following situations: (1) causing particularly serious consequences, such as causing the death of multiple people; or a particularly large number of serious injuries; Or the direct economic loss is particularly enormous.

2) Knowing that there is no safety guarantee, even if the signs of accidents have been discovered, they still do not listen to dissuasion, insist on going their own way, refuse the opinions of workers and technicians, and use evil leaders to force workers to work in violation of regulations and risks. (3) After the accident, the perpetrator's performance was particularly bad. For example, after the accident occurs early, they do not actively take rescue measures to rescue the disabled or prevent the expansion of the harmful consequences, and only care about the escape of personal lives or rescue personal property, so that the harmful consequences spread and expand; Or after the accident, in order to evade criminal responsibility, destroy or falsify the scene, conceal the truth, and blame others.

[Legal basis].Criminal Law of the People's Republic of China

Article 1: This Law is formulated on the basis of the Constitution and in consideration of our country's specific experience and actual conditions in the fight against crime, so as to punish crimes and protect the people.

Objective elements. Objective: It is manifested as forcing illegal and risky operations, resulting in major accidents or other serious consequences, and the forced order here is to indicate that there is a great danger of violating the rules and still forcing subordinates to carry out operations.

Principal Elements. Criminal subject: It is a general subject, including a person with the qualification of coercion, usually the leader, commander, and dispatcher of the operation.

Subjective element. Subjective: is negligence.

The so-called negligence means that the perpetrator is aware of the consequences that have occurred, and is aware of both the violation and the risk.

[Legal basis].Criminal Law of the People's Republic of China

Article 134 Whoever violates the provisions on the overall management of the safety barrier 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.

Whoever forces others to operate in violation of rules and regulations, or clearly knows that there is a hidden danger of a major accident and does not rule it out, but still organizes the operation at the risk of a heavy bridge, resulting in a heavy bridge accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.

The crime of forcing illegal and risky operations is sentenced as follows: Whoever compels others to conduct risky operations in violation of regulations, or clearly knows that there is a potential danger of a major accident and does not rule it out, but still takes risks to organize operations, thereby causing a major accident or causing other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention of a clan; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.

[Legal basis].

Article 134 of the Criminal Law 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. Anyone who compels others to take risks in violation of rules and regulations, or who clearly knows that there is a potential danger of a major accident but does not rule it out, but still takes risks to organize operations, 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.