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Failure to rescue a person in time due to drunkenness and resulting in death is not considered intentional injury, but the crime of negligence causing death. A drunk person who commits a crime is criminally responsible.
Article 18 of the Criminal Law: [Capacity for Criminal Responsibility of Special Persons] Where a mentally ill person causes harmful results when he is unable to recognize or control his own conduct, and it is confirmed through legally-prescribed procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and provide medical treatment; When necessary, by ** compulsory medical treatment.
An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility.
Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.
A person who commits a crime while intoxicated shall bear criminal responsibility.
Article 233: [Crime of Causing Death by Negligence] 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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It is also considered intentional injury. From the scientific analysis of people's industry thinking, the ability to control after drinking is only somewhat restricted, and there will be no mental disorders. From the perspective of the provisions of the law, it is also treated as intentional injury, and the punishment can not be reduced or mitigated just because of drunkenness.
Otherwise, if people who do bad things deliberately use alcohol to do evil, can they be exempted from responsibility? Therefore, it is reasonable to increase the responsibility for injuring people after drinking. The Eighth Amendment to the Criminal Law also stipulates that criminal liability must be pursued for driving while intoxicated, which shows that it is untenable to reduce liability by being drunk.
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No, but more serious than the crime of intentional injury.
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According to the provisions of China's "Criminal Law," a person who commits a crime under the influence of alcohol shall bear criminal responsibility, and how to deal with intentional injury after drinking shall be determined according to the degree of harm caused by the intentional injury. According to Article 234 of the Criminal Law, whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes the death of a person or seriously injures a person by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
Criminal Law of the People's Republic of China
Article 234.
Those who intentionally injure the body of others are to be sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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According to the description, it is a traffic accident crime.
Whoever causes a traffic accident and causes one person to be seriously injured on the spine and bears all or the main responsibility for the accident, and drives a motor vehicle under the influence of alcohol, shall be punished as the crime of causing a traffic accident and causing death, and shall be sentenced to fixed-term imprisonment of not more than three years, and if there are circumstances of escape causing death, he shall be sentenced to fixed-term imprisonment of not less than seven years.
According to Article 133 of the Criminal Law, a person who violates the regulations on traffic and transportation management and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where there are other especially heinous circumstances in the field of escape after a traffic accident or there are other especially heinous circumstances in the blind limbs, a sentence of between three and seven years imprisonment is to be given; where death is caused by escape, a sentence of not less than seven years imprisonment is to be given;
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Drunk driving leads to the death of the co-driver, so is the person who drinks at the same table responsible? Drunk driving is mainly your own responsibility, knowing that you don't drink and don't drive, don't drink, and drink to drive, then all accidents should be borne by yourself, and the person who drinks at the same table with you is not responsible, and the person who drinks at the same table is responsible for the situation, for example, you are drinking with them, and then you die because of drinking too much, so the person at the table will be responsible for compensation, like you are in the current situation, the person at the table is not responsible.