Will it be serious if Article 117 of the Criminal Law of China is not dealt with?

Criminal Law] Article 117 Whoever destroys tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs, or carries out other sabotage activities sufficient to cause the danger of overturning or destroying trains, automobiles, trams, ships, or aircraft, but has not yet caused serious consequences, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Regardless of the method adopted, as long as it is sufficient to cause the danger of overturning or destroying the means of transport, the crime of destroying transport facilities is completed. If the act of sabotage is not likely to overturn or destroy the means of transport and does not endanger the safety of transportation, it cannot be dealt with as a crime. The specific determination of whether the act of sabotage is sufficient to cause the vehicle to overturn or destroy the danger shall be determined from a comprehensive investigation of the method of destruction, the location of the destruction of the transportation facilities, and other aspects.

It should be handled according to the facts of the case, the consequences, and so on.

Criminal law. Article 117 [Crime of Sabotage of Transportation Facilities] Whoever destroys tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs, or carries out other sabotage activities that are sufficient to cause the danger of overturning or destroying trains, automobiles, trams, ships, or aircraft, but have not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Regardless of the violation of any article of the Criminal Law, refusal to enforce it will be dealt with as the crime of refusal to execute.

This offence is provided for in article 313 of the Penal Code. The legislative purpose of stipulating this crime is to solve the problem of difficulty in enforcing the law by the courts and to safeguard the authority of the judiciary.

In 2007, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued a circular stipulating that the following five situations will be punished for refusing to enforce a judgment or ruling: (1) the person subject to enforcement conceals, transfers, intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling; (2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys, or transfers property for which security has been provided to the people's court, making it impossible to enforce the judgment or ruling; (3) After receiving the people's court's notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling; (4) The person subject to enforcement, the guarantor, or the person assisting in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce the judgment or ruling; (5) Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.

In this case, the person subject to enforcement, Ye, deliberately concealed and transferred all his property and hid outside for a long time, refusing to perform his obligations, causing the applicant for enforcement to petition many times, causing a very bad impact on society. The conduct of the person subject to enforcement meets the constitutive elements of the crime of refusing to enforce a judgment or ruling.

Legal Analysis: Article 176 of the Criminal Law of the People's Republic of China is the crime of illegally absorbing public deposits, which may be sentenced to fixed-term imprisonment of not more than three years or short-term detention and a fine, and in serious cases, it is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years or even more than ten years.

Legal basis: "Criminal Law of the People's Republic of China" Article 176 Whoever illegally absorbs public deposits or covertly absorbs public deposits and slag to take money, disrupting financial order, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there is conduct in the preceding two paragraphs, and before initiating a public prosecution, the stolen goods are actively returned and restitution is reduced, and the occurrence of harm is reduced, the punishment may be mitigated or commuted.

Severe.

Criminal Law Interpretation: Article 177 [Definition and Sentencing of the Crime of Forging or Altering Financial Documents] Article 177: In any of the following circumstances, whoever forges or alters financial documents is to be sentenced to up to five years imprisonment or short-term detention and/or a fine of between 20,000 and 200,000 RMB; where the circumstances are serious, the sentence is to be between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB.

Article 25 [Concept of Joint Crime] A joint crime refers to a joint intentional crime committed by two or more persons.

Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed. "Joint intentional offence" in the Annotation to the Provisions refers to:

First, there must be common intent on the part of several perpetrators. That is to say, several of the perpetrators are in a state of mind that they have committed a dangerous act, and they all recognize that they and other perpetrators are jointly carrying out a certain criminal activity.

Second, several perpetrators must have a common criminal act. This means that the respective criminal acts of the offenders are carried out under their common intentional domination, centering on the common object of the crime, and achieving the common criminal purpose; The criminal acts they commit are causally linked to the harmful outcome. The second paragraph complements the concept of joint crime and is of great significance for the determination of joint crime.

Where two or more persons cause the same harmful result through negligence, they are not convicted and sentenced as joint crimes, which further explains what a joint crime is from another angle. Where criminal responsibility shall be borne, punishment is to be given separately in accordance with the respective culpability of the perpetrators, and cannot be dealt with as a joint crime.

Article 287 of the Criminal Law mainly provides for the use of computers to carry out financial fraud and other criminal acts, and specifically includes the crime of illegally using information networks and the crime of ganging information network criminal activities. The elements of the crime of illegal use of information networks are: 1. Subjective expression of direct intent; 2. The main body is a general subject; 3. Objectively manifested as the perpetrator's wanton collection of citizens' personal information by means such as stealing or buying, and the circumstances are serious; 4. The object of infringement is the security of citizens' personal identity information and the collapse of the civil identity management order.

The constitutive elements of the crime of ganging information network criminal activities are: 1. The subject is an individual or unit that is at least 16 years old. 2. The subjective aspect is intentional.

3. The objective aspect of this crime is clearly manifested in clearly knowing that others are using information networks to commit crimes, providing them with technical support such as internet access, server hosting, network storage, and communication transmission, or providing assistance such as advertising and promotion, payment and settlement, where the circumstances are serious. 4. The object of the infringement is the relevant national network security management system, and the circumstances are very serious.

Article 87 of the Criminal Law: The following period of time is not to be prosecuted for a crime that has been simplified: (1) Where the statutory maximum sentence is less than 5 years imprisonment, 5 years have elapsed; (2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have elapsed; (3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have passed; (4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

Article 111 of the Criminal Law stipulates that anyone who steals, espionage, buys, or illegally provides state secrets or intelligence for foreign institutions, organizations, or persons shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment or life imprisonment; where the circumstances are more minor, he shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention, controlled release, or deprivation of political rights.

Article 111 of the Criminal Law: Whoever steals, espionage, buys, or illegally provides state secrets or intelligence for foreign institutions, organizations, or individuals shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; where the circumstances are especially serious, a sentence of 10 or more years imprisonment or life imprisonment is to be given; where the circumstances are more minor, he shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention, controlled release, or deprivation of political rights.