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Based on this characteristic of intermittent psychopaths, the Criminal Law stipulates that if an intermittent mentally ill person commits a criminal act specified in the Criminal Law when he is mentally normal, and causes harmful results, he shall bear criminal responsibility, because at this time he has the same capacity for conduct as a normal person; However, those who have committed criminal acts provided for in the Criminal Law when they lost the ability to distinguish right from wrong and control their own behavior during the onset of the disease, causing harmful results, do not bear criminal responsibility. To determine whether a person is an intermittent mentally ill person, and whether he or she is in a state of normal or psychotic onset at the time of committing acts harmful to society, an evaluation must also be conducted in accordance with the provisions of the Criminal Law and the Criminal Procedure Law and in accordance with legal procedures.
Clinical manifestations (1) Characteristic psychiatric symptoms 1 Associative disorder Loose thinking (loose thinking), broken thinking, logical inverted thinking, interrupted thinking, emergent thinking (obsessive thinking) or poor thinking content and pathological symbolic thinking. 2 Affective disorders Aloofness, sluggishness, emotional incongruity (inappropriate), and emotional inversion or self-laughter (idiotic laughter). 3. Decreased volitional activity: inactive, withdrawn, passive, withdrawn; poor social adaptability and decline in social functioning; bizarre behavior, introversion; Inverted intentions, etc.
4 Other common symptoms Delusions: mostly unsystematic, generalized, absurd and bizarre; primary delusions (delusional perception); Hallucinations, such as verbal auditory hallucinations, critical and commanding auditory hallucinations, other first-order symptoms such as psychoautomatism and catatonic syndrome.
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Do a psychiatric forensic evaluation.
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1. The crime of fire refers to the act of causing a disaster due to the negligence of the perpetrator, causing serious consequences and endangering public safety. This is an internal negligence danger.
Crimes against public safety. From a practical point of view, the harm to public safety caused by the crime of fire is usually manifested in two situations: endangering the safety of major public and private property and endangering the lives and health of an unspecified number of people, as well as the safety of major public and private property.
2. If one of the following circumstances is suspected of negligence, a case shall be filed for prosecution:
1) Causing the death of one or more persons, or seriously injuring three or more persons;
2) Causing direct economic losses of 500,000 RMB or more to public property or other people's property;
3) Causing the houses of 10 or more families to be burned down and other basic means of subsistence;
4) Causing forest fires, with an area of more than 2 hectares of forest land, or an area of more than 4 hectares of forest land, shrub land, undeveloped forest land, or nursery land;
5) Other situations that cause serious consequences.
The "forested land", "sparse forest land", "shrub forest land", "undeveloped forest land" and "nursery land" as stipulated in this article and Article 15 of these regulations shall be determined in accordance with the relevant provisions of the competent state forestry department. [
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If negligence causes a disaster, and is suspected of one of the following circumstances, a BAI case shall be prosecuted:
1) Causing the death of one or more persons, or seriously injuring three or more persons;
2) Causing direct economic losses of 500,000 RMB or more to public property or other people's property;
3) Causing the houses of 10 or more families to be burned down and other basic means of subsistence;
4) Causing forest fires, with an area of more than 2 hectares of forest land, or an area of more than 4 hectares of forest land, shrub land, undeveloped forest land, or nursery land;
5) Other situations that cause serious consequences.
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If any of the following circumstances are suspected, a case shall be filed for prosecution:
1) Causing the death of one or more persons, or the serious injury of three or more persons;
2) Causing direct economic losses of 500,000 RMB or more to public property or other people's property;
3) Causing the houses of 10 or more families to be burned down and other basic means of subsistence;
4) Causing forest fires, with an area of more than 2 hectares of forest land, or an area of more than 4 hectares of forest land, shrub land, undeveloped forest land, or nursery land;
5) Other situations that cause serious consequences.
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Oh my god I'm going to lose my old nose money! It's up to someone to go to jail if they prosecute you!
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The money will definitely be lost, and it depends on whether you have anything to do with it.
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accidentally burned the mountain, and his behavior was suspected of the crime of fire.
China's Criminal Law stipulates that whoever commits the crime of arson 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 or short-term detention is to be given.
1) In any of the following circumstances, a person who negligently causes a disaster shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years in accordance with the provisions of paragraph 2 of Article 115 of the Criminal Law:
1. Resulting in the death of more than 3 people;
2. 10 people are seriously injured or more than 10 people are killed or seriously injured;
3. Causing direct property losses of more than 1 million yuan;
4. Burned more than 30 households and the total direct property loss was more than 500,000 yuan;
5. The area of forest land that has been burned is more than 50 hectares or more than 10 hectares of shelter forest or special purpose forest;
6. Although the loss of personnel, burned households, or direct property is less than the prescribed amount, the circumstances are serious, causing major damage to production, teaching, and life.
2) In any of the following circumstances, negligence causing disasters shall be sentenced to up to three years imprisonment or short-term detention on the basis of "less serious circumstances" as provided for in paragraph 2 of Criminal Law article 115:
1. Resulting in the death of one or more persons or the serious injury of three or more persons;
2. Causing direct property losses of more than 300,000 yuan;
3. Burned more than 15 households and the total direct property loss was more than 250,000 yuan;
4. The area of forest land that has been burned is more than 2 hectares.
If the losses involved are relatively small and do not constitute the crime of fire, the public security organs shall give an administrative penalty of not more than 15 days and compensate for the losses because their behavior violates the "Fire Protection Law".
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Depending on the consequences, it is best to entrust a lawyer to help you.
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1. Basic concept: China's "Criminal Law" stipulates that due to the negligence of the perpetrator to cause a disaster, causing serious consequences and endangering public safety, it constitutes the crime of fire. Whoever commits the crime of arson 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 or short-term detention is to be given.
The State Forestry Administration and the Ministry of Public Security on the Jurisdiction and Case Filing Standards for Criminal Cases of Forest and Terrestrial Wildlife stipulate that if a forest fire causes a forest fire with an area of more than 2 hectares or causes serious injury or death, a case shall be filed, and if the area of forest land is more than 10 hectares, or if it causes death and seriously injures more than 5 people, it is a major case; If the area of forest land is 50 hectares or more, or if two or more people are killed, it is a particularly serious case.
2. Legal consequences borne according to specific circumstances: the boundary between the crime of fire and non-crime According to the law, whether the act of fire causes serious consequences is the boundary between the crime of fire and the non-crime. When dealing with the case, it is first necessary to ascertain whether there is a causal relationship under criminal law between the perpetrator's conduct and the occurrence of the fire.
Secondly, it is necessary to find out the size of the loss. Although there is a causal relationship between the occurrence of a fire and the negligent conduct of the perpetrator, if there are no harmful consequences due to timely extinguishing, or if the losses caused are slight, it does not constitute the crime of fire, and may be punished by the public security organs in accordance with the provisions of the "Public Security Administration Punishment Law", or by the relevant units to give criticism, education, or administrative sanctions.
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1. All the circumstances listed in the case should be filed and prosecuted: (3. Death or serious injury; (2) Creating public property or direct economic losses of 500,000 RMB; (3) Burning 10 family houses and their basic materials; (4) Two hectares of forest fire forests or four hectares of fire forests, shrub forests, unforested forests, and nurseries; (5) It creates serious circumstances.
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According to the condition, if it is serious, you can compensate for the corresponding losses without going to jail.
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If you do, you can be released on medical parole.
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Those who set fire to a mountain are suspected of the crime of arson and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 114 of the Criminal Law stipulates that anyone who endangers public safety by arson, flooding, poisonous, radioactive, infectious disease pathogens or other substances or other dangerous methods shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
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