Does the electrician commit the crime of major liability accident?

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.

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.

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.

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.

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.

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.

If it is an accidental accident, it does not bear criminal liability. It is not a crime to cause damage to others due to force majeure and accidents: the current criminal law has clearly stipulated that although the act objectively caused damage, it is not intentional or negligent, but caused by irresistible or unforeseeable reasons, and is not a crime.

The crime of major liability accident is the act of violating the relevant safety management regulations in production and operation, or forcing others to operate in violation of regulations and risky operations, resulting in a major accident.

The constitutive elements of this crime are:

1. The subject of this crime is the employees of factories, mines, split forest farms, and construction bridge demolition enterprises;

2. The object is the person and property;

3. Objectively, it is a violation of relevant safety management regulations in production and operation;

4. Subjective elements. The form of guilt for the crime of major liability accident is negligence.

[Legal basis].Article 134 of the Criminal Law of the People's Republic of China.

Whoever violates the provisions on safety management in production or operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where the circumstances are particularly heinous, the sentence is between three and seven years imprisonment. Whoever compels others to carry out risky operations in violation of rules and regulations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.

Violating the regulations on the complete management of safety type dust in production and operation, resulting in a major accident or other serious consequences, is guilty of the crime of major liability accidents. This crime is a crime of endangering public safety, and the sentencing standards are: generally up to three years imprisonment or criminal detention of the tenant; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

Legal basis] Article 134 of the Criminal Law, where the provisions on safety management are violated in production or operation, resulting in a major accident or other serious consequences, a sentence of up to three years imprisonment or short-term detention is to be given; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. State Zen.

The following acts will be guilty of the crime of major liability accident:

1. Violating the relevant safety management regulations or forcing others to operate in violation of regulations and risky operations during the production and operation;

2. The violation must occur in the course of business;

3. The act must cause statutory consequences.

[Legal basis].Article 134 of the Criminal Law.

Whoever violates the provisions on safety management in production or operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

Whoever compels others to carry out risky operations in violation of rules and regulations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.