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Where negligence causes minor injury, criminal responsibility is not required. Intentional injury causing minor injury is punishable as the crime of intentional injury and criminal liability is payable.
Intentional injury.
The crime of intentional injury refers to the criminal conduct of intentionally and unlawfully harming the body of another person and reaching a certain level of seriousness, which should be punished by the criminal law.
Laws and Regulations. Criminal law.
Article 234:Whoever intentionally injures the body of another person shall 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.
Article 238:Whoever illegally detains another person or unlawfully deprives another person of his or her personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights.
Where there are circumstances of beating or insulting, a heavier punishment is to be given.
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; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.
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If you commit a crime, who needs to be responsible, because of your mistakes, what do you feel about the accident?
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Legal analysis: The special operation personnel of the production and business operation unit must be in accordance with the relevant regulations of the Guoshi branch family, through special safety operation training, and obtain the corresponding qualifications before they can take up their posts.
Failure to comply with this provision will result in an administrative penalty of a fine or administrative detention.
Legal basis: Work Safety Law of the People's Republic of China Article 30 The special operation personnel of the production and business operation unit must undergo special safety operation training in accordance with the relevant provisions of the State and obtain the corresponding qualifications before they can work at a loss.
The scope of special operations personnel shall be determined by the emergency management department in conjunction with the relevant departments.
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The main cause of the accident was the failure of the electrician to do a good job of warning signs. The main responsibility should be borne by the villager Zhang, although it is not legal, but this unauthorized opening of the small rural electric box has become a habit in the village, so the electrician should know, then, the electrician should pull out the fuse in the electric box, instead of simply pulling down the brake. Therefore, it also led to the occurrence of accidents, so to speak:
The electrician should bear the primary responsibility. In terms of professional norms, most of the reasons should be borne by electricians, although I am also an electrician. In fact, Zhang is not qualified to deal with power incidents.
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1.Zhang did not constitute a crime. Although Zhang's conduct caused serious harmful results, Zhang subjectively had neither intention nor negligence, because Zhang could not have foreseen the situation under construction, and did not meet the subjective requirements in the composition of the crime, especially during lunch time, and Zhang's behavior that he was accustomed to in the village out of instinctive needs did not constitute a crime;
2.The direct cause of the victim's death was Zhang, but the person at fault was an electrician, which is a crime of negligence.
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The cause of the accident is still the main cause caused by the electrician's failure to do a good job of warning signs. The main responsibility should be borne by the villager Zhang, although it is not legal, but this unauthorized opening of the small rural electric box has become a habit in the village, so the electrician should know, then, the electrician should pull out the fuse in the electric box, instead of simply pulling down the brake. Therefore, it also led to the occurrence of accidents, so to speak:
The electrician should bear the primary responsibility.
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Whether the operator has an electrician's certificate, or an electrician history. If not, it is illegal to operate. The electrician did not show respect, let alone grounded. Serious violations. The sender doesn't know why and sends the power. Criminally responsible.
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Although the direct person of the accident is Zhang, he also has an unshirkable responsibility, and when the power is out or when the circuit is repaired, an important statement should be made, emphasizing that the power supply should not be pushed.
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There is a certain amount of responsibility for the careless work of the electrician, but Zhang has to bear the responsibility of the criminal situation.
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If there is a criminal case, you can take the electrician's certificate.
What knowledge does an electrician need:
1.Basic knowledge of electrical engineering: understand the basic concepts of current, voltage, power, resistance and capacitance, understand the working principle of the circuit and the basic laws of power transmission.
2.Circuit Theory: Familiar with the analysis methods of DC circuits and AC circuits, including Ohm's law, Kirchhoff's law, circuit equivalence and power conversion, etc.
3.Knowledge of electrical safety: Learn about the norms and standards of electrical safety, such as the proper use of insulating tools, the installation and maintenance of electrical equipment, measures to prevent electric shock accidents, etc.
4.Wiring and wiring: master the color standards of wires and the correct method of wire connection, and understand the basic principles and code requirements of house electrical wiring.
5.Knowledge of electrical equipment: understand the working principle and installation requirements of common electrical equipment, such as sockets, switches, lamps, motors, etc.
7.Repair & Troubleshooting: Skills in repairing and maintaining low-leakage keyed electrical equipment, and the ability to detect and troubleshoot faults.
8.Laws and regulations: Understand the laws and regulations and safety production requirements of electricians, and comply with local electrical safety regulations. <>
If a minor injury or more is caused, it is suspected of the crime of intentional injury, and the investigation will be transferred to the procuratorate for review and prosecution; If a slight injury is caused, mediation will be conducted, and the injured person may also be punished by public security administration. Those who intentionally injure others shall also bear the corresponding civil liability for compensation. >>>More
Generally speaking, if you directly or indirectly infringe on the personal and property interests of others, you need to bear civil liability, and when you reach a certain level, you will have to bear criminal liability
Criminal responsibility is not necessarily forthcoming.
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