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, which constitutes the crime of negligence causing death or the crime of intentional homicide by omission.
The crime of causing death by negligence refers to the act of causing death due to negligence. The crime of negligent death must be negligence, that is, one should have foreseen that one's actions might cause the harmful result of the death of another person, and because of negligence and did not foresee it, or had foreseen it and believed that it could be avoided, so that the harmful result of the death of another person occurred.
The so-called crime of intentional homicide by omission refers to the conduct of the offender who has an obligation to carry out and is able to carry out a certain positive act but fails to do so, and who has a specific legal obligation and is able to perform that obligation but fails to do so, thereby causing the death of another person, shall be punished by criminal punishment in accordance with law. The obligation of the perpetrator to act positively is a prerequisite for the omission to constitute a crime, which means that the perpetrator should try to take all means and effective measures to rescue the other party. There are generally three types of positive behaviour obligations for this particular purpose:
specific obligations specified by law, obligations required to be fulfilled in the course of a position or business (e.g., a doctor's duty is to save lives); and the obligation arising from the prior act of the actor that puts a certain interest protected by the law in a state of danger, for example, if the two parties cause one party to fall into the water due to pursuit, then the pursuing party has the obligation to rescue the pursued party.
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The saddest thing is that parents.
No, the law is sympathetic in this regard.
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The water glass cable is spasmed.
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The interior of the car is narrow and well-sealed, and it is difficult for fresh air from the outside world to enter the car. Children who are locked in the car will soon have adverse reactions such as rapid heartbeat and increased blood pressure due to lack of oxygen, and if the child is accompanied by strenuous activities at the same time, this reaction will be exacerbated, and in severe cases, coma or even suffocation will occur.
Many parents will leave their children alone in the car when they drive their children out to run errands, thinking that it will be safer, but in fact it is the opposite. Especially in summer, when the vehicle is exposed to the outdoors and the temperature in the car rises quickly, leaving the child in a closed car is very prone to heat stroke or even suffocation and other accidents, parents should not leave the child alone in the car.
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1. If the child is locked in the car in the hot summer, because the car is a metal body, the heat absorption capacity is very strong, resulting in a sharp increase in the temperature in the car.
2. The door is closed, the air is not circulated, and there is a lack of oxygen in the car.
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The reason for the death of suffocation in the car is that the space in the car is small, and the sealing of the car is particularly good, which makes it difficult for fresh air power from the outside world to enter the car. If you are locked in the car for a long time, you will soon have adverse reactions such as rapid heartbeat and increased blood pressure due to lack of oxygen, and after a long time, you may fall into a coma or even suffocate to death.
Especially in summer, when the temperature is high, the temperature in the car will also rise, and it is easy to get heat stroke when staying in the car. In addition, at such high temperatures, the body temperature will also rise, and the rate of water loss in the body will also increase, which may lead to damage to nerve organs and even death.
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The car is a relatively confined space, and the lack of oxygen is, coupled with the high temperature, which increases metabolism, and is prone to dehydration.
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In the summer, the weather is hot, the space in the car is small, at this time, the child is locked in the car because the inside is very tightly blocked, the air is not smooth, the temperature in the car rises, it will be illuminated as the child will die after a long time of heat stroke.
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Children die when they are locked in the car because the car is locked, the temperature inside is high, the air is not circulating, and there is a severe lack of oxygen. That's why it caused death. So adults should be careful not to leave their children alone in the car.
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If the inside of the car is sealed, the temperature will be high, and it will cause a lack of oxygen, so there will be a death of children.
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Why does the child die when he is locked in the car, the air in the car is not smooth and it is very hot, especially in the summer, because there is not enough oxygen, so he will die.
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The first point is the child's own reasons.
The second point is the tightness of the interior of the car, the low oxygen content, and the high temperature.
The summary is that the child's first reaction when he is locked in the car is to open the door, repeatedly open the door, crying and making a fuss, which accelerates the conditions of heat stroke, and will not save himself, and has little strength.
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The interior of the car is closed and there is a lack of oxygen, and the body is metal that absorbs heat quickly, and the temperature in the car rises and causes the child to die.
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The space in the car is small, the doors and windows are well sealed, there is no fresh air exchange and convection, and the child is too small to take 'self-protection measures', and after a long time, he will die. As an adult, you should think about these problems, and this tragedy can be completely avoided.
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If it's summer, don't just heat it to death, it's very hot in the summer and close it in the car, if the parents forget, it will definitely be hot to death, parents with children must be careful, usually love to drop things with children may also fall into the car, so pay attention to a point.
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Anoxia. After the car is locked, the air inside and outside the car is not circulated, especially in the car with good sealing. At the same time, there is carbon dioxide emitted from unburned gasoline in the car, and this environment can suffocate not only children but also adults.
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In hot weather, lock the child in the car must be locked the windows and doors, there is no air circulation, the child will lack oxygen, and he will not be able to live without raising a child.
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Due to excessive accumulation of heat in the body, the nerve organs are damaged and even died, and young children may suffer from dehydration, electrolyte disorders, acidosis, multi-organ failure and other fatal injuries in a high-temperature and closed environment.
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Indeed, the space in the car is so large, and when the oxygen in the car is sucked out, only carbon dioxide is left, and no oxygen will of course suffocate to death.
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If you lock the child in the car in the hot summer, the air is not circulated, and the heat absorption is very strong, which leads to the temperature in the car slowly rising, and the lack of oxygen in the car, not to mention the child, the adults are afraid of it, so this joke cannot be made, and human life is at stake.
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The sealed environment after the car is turned off will cause a lack of oxygen in the car!
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In the summer, I went to touch the shell of the car, and I didn't dare to put the shell on it because it was too hot. If you open the door, you will find that the air inside is also very stuffy and hot, the child is relatively small, and the resistance is relatively poor, in a stuffy heat, and. See all.
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Suffocation, lack of oxygen, heat and exposure to the sun can easily cause children to die in the car.
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In summer, the child is locked in the car, if not found in time, it is easy to cause the death of young children, the car has a strong ability to absorb heat, the car is hot and airtight, lack of oxygen, easy to dehydrate the lungs inhale hot air to accelerate the child's death.
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Summary. A: Legal Analysis:
Case-by-case analysis. If the parents intentionally or negligently suffocated their children in the car, they are suspected of intentional homicide and must be sentenced; If not, there will be no sentence. Legal basis:
Article 232 of the Criminal Law of the People's Republic of China: Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years.
If a parent forgets his child in the car and the child dies, should the parent be held accountable for causing death by negligence?
Answer: Legal analysis: specific situation analysis.
If the parents intentionally or negligently suffocated the child in the car, they are suspected of intentional homicide and must be sentenced; If not, there will be no sentence. Basis of the Law of Law Suppression: Article 232 of the Criminal Law of the People's Republic of China Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years.
I'm sorry I don't understand, but can you elaborate on that?
A: This can be a case of negligent death for a careless parent, provided that the parent knows that it is dangerous to lock the child in the car, and if he does not know, he is not liable. But morally speaking, parents do not fulfill their duty of protection without hunger, and even if the law does not punish them, they will have a very uncomfortable life in this life.
I remembered it again in a few years.
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As a parent, as your own child, it should be the most loved, and it should be taken care of carefully, and it is normal to be afraid of bumping into it. The parent actually forgot the child in the car, resulting in the death of the child, from the first level, the parent is already unqualified, absolutely dereliction of duty. Such parents simply do not care about their children, let alone education.
I hope that this kind of tragedy will never happen again in the future, and parents should still be responsible for their children.
And then this person is his own child, even if he has no intention of knowledge, but I think you should pursue Wei Yudan. But maybe my family didn't file a lawsuit and didn't report to the police, so the matter would be over. But I think it should be held accountable, because such unqualified parents are guilty of causing the death of their own children.
It is still necessary to pursue it.
Only by strictly pursuing it can we give some reminders to many parents who are not attentive in the future. Don't leave your children in the car, what a scary thing it is, no matter what, this is not what parents should do, so I think it must be strictly pursued!
Does this need to be asked? It must be investigated! It must be a sin of negligence!
It should be investigated, there are still many such phenomena today, all kinds of forgetting, either forgetting in the car, or forgetting school, etc., comrades: you are parents, you are the guardians of children. If your child is not in place to take care of your child, what else can you mention?
Therefore, I think such parents must be held accountable, because children are the responsibility of parents, and we should protect them so that children can grow up healthily.
It's a must! It's a must! It's a must! Important words to say three times. A man who doesn't even care about his own children's lives has nothing to make him fearful. Such a person is often a ruthless, unrighteous, disloyal and unfilial person.
In the United States, in China.
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Parents will not sentence a child who is killed by being locked in a car, because the parents' actions are not intentional, so they have not committed a crime.
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In the real case, in our country, an adult forgot a child in a car and died, and there was no criminal responsibility. There was a similar case in the United States, where the adult was sentenced to the second degree**.
If it is not intentional, then the normal law will not punish the behavior of the parents, after all, the pain of losing a child is already very self-blame, and if it is an intentional act, it will be held accountable.
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The child was locked in the car and died, the parents will not be sentenced, no one will be held accountable for this kind of thing, the parents cannot be found, they did not mean it, he did not expect the child to die in the car, which parents love their children, who can hope that the child is willing to die in the car?
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Will your child be sentenced for being locked in the car and his parents dying? I think the parents will be sentenced, so he killed his child with his own hands, so you don't know that the air locked in the car, the air outside and the air in the house are more than 30 degrees, don't you know the heat there? Said that the child was carelessly locked in the car.
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Whether the parents of the child who died in the car will be sentenced depends on whether the child's parents acted negligently or intentionally, and if they did so, then they naturally need to bear criminal responsibility.
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In this case, his parents will not be sentenced, because he did not mean it, and if it was intentional, he would be sentenced, not intentionally, but psychologically condemned.
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In this case, if the child is locked in the car and dies, the parents will also be sentenced, how can such a thing happen? If the parents did it intentionally, they will be sentenced.
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There is no legal liability for the death of a child who is locked in the car due to the fault of the parents.
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How to punish parents for the death of a child locked in a car The penalties for the death of a child locked in a car vary from country to country.
For example, in the United States, the punishment is very heavy and severe.
In my country, it is a big thing to make a small thing. The trifle is nothing.
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Second, if he was locked in the car and died, will his parents be sentenced? This needs to be investigated and understood, what is the reason before it can be dealt with? If it's intentional, then it's going to be sentenced, right?
If it's unintentional, then this really needs to be investigated, your parents told their children that they were in the car, how could you forget it? The god-king who led to the child.
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This phenomenon happens from time to time in life, and when we are saddened by the carelessness of our children who lost their parents at a young age, we also hate the carelessness of our parents who can forget their children in the car for so long. In this case, is it necessary to hold the parents legally responsible?
It is undeniable that the negligence of the parents caused the child to be forgotten in the car and suffocated to death meets the criminal composition of the crime of negligent death. Sometimes parents completely forget that their children are in the car and lock the car and leave, which is called negligent negligence in criminal law theory; Sometimes, parents watch their children sleeping in the car and think that there will be no accident if they lock their child in the car, which is called overconfidence. Regardless of the type of negligence, if the child is killed, it meets the criminal composition of negligence causing death.
However, in practice, there is almost no pursuit of parental criminal responsibility, because there are human feelings and natural principles outside the law, and no parent would want such an accident to occur. Law enforcement must also be warm, parents themselves have already suffered the pain of losing their children, and then pursue their criminal responsibility, the law will be too cold and ruthless.
Parents will not be held criminally responsible, but for those kindergarten teachers or teachers, school bus drivers, nannies, etc., who have management obligations to their children, if the child is forgotten in the car and dies due to negligence, the crime of negligence causing death will be investigated.
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