-
8 conditions, none of which constitute a crime.
If the cause of the suicide is caused by you or you are at fault, you will not be held criminally liable and will be liable for part of the civil damages.
-
You only need to remember one thing about this kind of question, whether there is an obligation to help. If there is an obligation to help but there is no help. It is an offence of omission.
For example, the eighth ex-wife and the current wife. From a legal point of view, you must have a current wife. If you don't save it, you break the law. One time.
-
It is not illegal to die without salvation, but your conscience will be disturbed, and this is a moral issue.
-
None of them are responsible. You went to save it, because you are morally noble.
It's normal that you don't go to the rescue.
Even if you are a policeman, a soldier, or a doctor, you are not responsible if you are not saved.
-
1. No responsibility. 2. Responsible.
3. No responsibility. 4. Responsible.
5. No liability. 6. No responsibility.
7. No responsibility. 8. Is it in the same place, on the same floor?
-
1. Does it constitute a violation of the law to not save in the face of death? 1. If you do not save yourself in the face of death, if you do not have specific obligations, it generally does not constitute a crime and is a moral condemnation. 2. If the person who does not save himself has the following obligations, and if he violates the obligation, then in this case, he is suspected of committing a crime or violating the law or violating discipline:
Obligations expressly stipulated in the law, such as the police have the responsibility to protect the people, and cannot be left unrescued; Duties required by duties or business, such as firefighters who do not save a fire when they see it; the obligation of the law to imitate the act of imitation; Obligations arising from prior acts, such as an adult taking a child out to play, and the child falls into the water, and the adult must rescue him. 2. The following conditions must be met for failure to save the victim in the face of death to constitute a crime: 1. The perpetrator has an obligation of a legal nature to carry out a specific positive act.
For example, China's Civil Code (effective from January 1, 2021) stipulates that parents have the obligation to raise and educate their children, and children have the obligation to support and support their parents. Therefore, the act of refusing to raise or support may constitute a crime of omission. Article 26 of the Civil Code, 6868 Parents have the obligation to raise, educate and protect their minor children.
Adult children have an obligation to their parents to support, support and protect them. (2) Obligations required by the position or business. For example, the staff of state organs have the obligation to perform the corresponding duties, and the firefighters on duty have the obligation to eliminate the fire, and so on.
3) Obligations arising from legal acts. For example, contractual acts, voluntary acceptance acts, etc., may lead to the actor having an obligation to carry out certain positive acts. and (4) obligations arising from prior acts.
This refers to the specific positive obligation that the perpetrator has to eliminate the danger or prevent the occurrence of harmful results when the lawful rights and interests protected by the Criminal Law are in danger due to an act of the perpetrator preparing for hunger. When an adult swims with a child, he or she has an obligation to protect the child's life. 2. The actor is able to perform a specific obligation.
3. The perpetrator's failure to perform a specific obligation has caused or is likely to cause harmful results. Seeing death and not saving is not necessarily a situation where ordinary people recognize the limb search to help strangers, it is likely that they should have the obligation to save but did not save them, if this is the case, they may bear legal responsibility, and in serious cases, they will be suspected of committing a crime.
-
Legal analysis: Under normal circumstances, if you don't save yourself from death, you will only be morally condemned, and you don't need the law to evaluate it. However, under special circumstances, failure to fulfill the obligation given by law to prevent the death of another person leads to the death of another person, it constitutes a crime of omission and needs to bear legal responsibility.
Therefore, whether failure to rescue the perpetrator in the face of death constitutes a crime requires an analysis of whether the perpetrator has a statutory obligation to provide assistance. Secondly, when there is no statutory obligation to rescue, it is also necessary to consider whether the previous act put the victim in a dangerous situation, if the victim's death was caused by the actor's previous friendly banking, then there is an obligation to rescue, and it is a crime to fail to save the victim in the face of death.
Legal basis: Criminal Law of the People's Republic of China Article 397: Where a functionary of a state organ abuses his power or neglects his duties, causing major losses to public property or the interests of the state or the people, he shall be sentenced to fixed-term imprisonment of not more than three years or if the short-term detention of a person at a banquet is particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where this Law provides otherwise, follow those provisions.
Where employees of state organs twist the law for personal gain and commit the crimes described in the preceding paragraph, they are to be sentenced to up to five years imprisonment or, where the short-term detention is especially serious, are to be sentenced to between five and ten years imprisonment. Where this Law provides otherwise, follow those provisions.
-
The law has no right to interfere with a person who has no legal obligation, even if he dies. However, specific entities with legal obligations that should save people and can save people but fail to do so will be pursued for legal responsibility.
1. Will the parents' debts affect the property in the name of the children?
Parental debts generally do not affect the property of the children, but there are exceptions.
1.If the parents are persons with no or limited civil capacity, and the children are the legal guardians, the children have the legal obligation to repay the debts in lieu of them.
2.If the parents are persons with full capacity for civil conduct, they shall bear legal responsibility and corresponding consequences for their own probation, and the children shall not be obliged to repay the debts on behalf of their parents.
3.In the event of the death of the parents, the children, as the legal heirs, shall be liable for the repayment of debts up to the value of the estate after the inheritance of the deceased's estate has been completed. In excess of the estate, the children have no obligation to repay.
If the child renounces the inheritance, he or she shall not be liable for repayment. The law also does not prohibit children from voluntarily repaying for their parents.
2. How to punish surrendering after a traffic hit-and-run.
Where they voluntarily surrender after a traffic hit-and-run and truthfully confess their crimes, it shall be found to be voluntary surrender, but the heavier legally-prescribed sentence shall be used as the basis in accordance with law, and a decision shall be made on whether there is no room for leniency and the extent of the lenient punishment in light of the circumstances. If a person surrenders voluntarily after a traffic hit-and-run, it is the legal obligation of the perpetrator to protect the scene, rescue the injured, and report to the public security organ under the Road Traffic Safety Law, and the perpetrator fails to fulfill the obligation, so even if he surrenders voluntarily, the specific circumstances must be considered.
3. What should I do if the heir deliberately gives up the right to inherit the estate and is unable to inherit?
Renunciation of inheritance rights is actually a renunciation of inheritance status and inheritance share. If the right of inheritance is renounced, the decedent does not have to be liable for the taxes and debts that should be paid by the decedent in accordance with the law. However, this does not mean that heirs can be denied from fulfilling their statutory obligations as a result.
For example, even if the heir who has the obligation to support and support the heir gives up the right of inheritance, he or she should still bear the debts incurred by the deceased due to his life and medical treatment during his or her lifetime.
The legal basis for the rollover of the lease related to this article].
Article 184 of the Civil Code provides that the rescuer shall not bear civil liability if the aided person suffers damage as a result of voluntarily carrying out emergency assistance.
Legal Analysis: Generally speaking, it does not constitute a crime to die without help, but it may constitute a crime under special circumstances. Persons with specific status, such as police officers, firefighters, military personnel, etc., may be suspected of the crime of dereliction of duty by omission if they encounter personal danger in the course of performing their duties and do not come to the rescue. >>>More
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: >>>More
The reason why Liu Feng didn't save Guan Yu when he asked for rescue in Maicheng was because Liu Feng had already had the heart to rebel, so he naturally didn't plan to save Guan Yu. Because after Guan Yu died in battle, Meng Da began to pull Liu Feng to surrender to Cao Wei.
My Fair Lady, Gentleman. --Spring and Autumn Book of Poetry. >>>More
How is it a bit like "Roman Holiday", but a little bit like it, take a look.