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It may be illegal to die and not to be saved. If you do not fulfill a specific obligation in the face of death, it generally does not constitute a crime and is morally condemnable. However, if the person who refuses to save himself or herself has a specific obligation, and if he violates that obligation, then in this case, he is suspected of committing a crime or violating the law or discipline.
The obligations expressly stipulated in the law, such as the duty of the police to protect the people, cannot be left unhelped. Duties required by duties or duties, such as firefighters who fail to save a fire when they see it, and who act as obligations arising from legal acts. Acts that arise from behavior, such as an adult taking a child out to play, and the child falls into the water, and the adult must rescue him.
The perpetrator has an obligation of a legal nature to commit a particular positive act, and this obligation requires an obligation of a legal nature and requires that its content be a positive act. Seeing death and not saving is not necessarily the situation of helping strangers as ordinary people think, it is likely that it should be saved and has the obligation to save but is not saved, if this is the case, it may bear legal responsibility, and in serious cases, it will be suspected of committing a crime.
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 short-term detention; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. 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 sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is to be between 5 and 10 years imprisonment.
Where this Law provides otherwise, follow those provisions.
What exactly is the crime of not saving when you see death.
Failure to save oneself in the face of death constitutes a crime under special circumstances, corresponding to the crime of abuse of power or dereliction of duty. For example, people with specific identities, such as police officers, firefighters, military personnel, etc. In the process of performing their duties, if they encounter personal danger from others and do not help, they may be suspected of the crime of dereliction of duty by omission, and ordinary people who do not save themselves when they see death are at most morally condemned.
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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:
First, the law clearly stipulates that the actor has a specific obligation to provide assistance. If you are able to fulfill your obligations but do not fulfill your obligations, and you do not save yourself in the face of death, you may be suspected of intentional homicide. The second is the personnel who have specific obligations in their positions or business.
If you are able to fulfill your obligations but do not fulfill your obligations, and you do not save yourself in the face of death, you may be suspected of intentional homicide. The third is the specific obligated personnel arising from the prior acts. If a car driver has the obligation to rescue the injured in a timely manner after a traffic accident, if the driver who caused the accident does not take active measures to rescue and escapes, resulting in death, it constitutes the crime of causing a traffic accident and the punishment shall be increased; If the driver not only does not help, but transfers the injured person to a remote place, causing death, it constitutes the crime of intentional homide.
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; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
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Seeing death and not saving it is not illegal for ordinary people, but it lacks morality.
There are special occupations such as: doctors, policemen, soldiers, special occupations, etc., if you do not save yourself during your employment, you may be illegal
Article 233 of the Criminal Law of the People's Republic of China.
where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
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Legal Analysis: If these conditions are met but you do not save yourself, it is a violation of the law and may constitute a criminal offense. In criminal law theory, there is a crime that is constituted in the form of an omission.
The so-called omission refers to a situation in which the actor has an obligation to carry out and is able to carry out a positive act but does not do it, that is, a situation in which he should have done and could do it, but did not do it. Three conditions are required for the establishment of an omission: First, the actor has an obligation to do some kind of positive act, which is a prerequisite for its establishment.
This includes: specific obligations under the law; Obligations required to be performed in the course of one's position or business; Obligations arising from the prior conduct of the perpetrator that puts an interest protected by law in jeopardy, etc. The second is that the perpetrator has a real possibility of performing a particular obligation, but fails to do so.
If there is no real possibility of fulfilling the obligation in the first place, the omission cannot be established. Third, there is a causal relationship between the actor's omission of failing to perform a specific obligation and the final harmful result.
Legal basis: Article 261 of the Criminal Law of the People's Republic of China Where a person who is old, young, sick, or otherwise incapable of independent living has an obligation to support but refuses to do so, and the circumstances are heinous, he shall be sentenced to up to five years imprisonment, short-term detention or controlled release.
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It is not a crime to see death and not to be saved. In our country's law, there is no crime related to death or rescue. Ordinary citizens do not bear legal responsibility for death without acting as an obligation, but civil servants, staff, legally authorized personnel, and parents and children who have a relationship of support and support will constitute a crime if they do not save them in the event of death.
If the personal rights of others are in danger as a result of the actor's previous conduct, the actor has an obligation to prevent the harmful consequences from occurring.
Laws. "Police Law of the People's Republic of China" Article 21: People's police encountering violations of citizens' personal or property safety or other situations of distress shall immediately provide assistance; Assistance shall be given to citizens who request the resolution of disputes; Cases of citizens reporting to the police shall be promptly investigated and handled.
People's police shall actively participate in emergency rescue and disaster relief and public interest work.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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If you don't save yourself, you may commit a crime. In criminal law theory, there is a crime that is constituted in the form of an omission. The so-called "omission" refers to a situation in which the actor is obliged to carry out and is able to carry out a certain positive act but does not actually do it, that is, a situation in which the actor should have done and could do it, but did not do it.
Therefore, it is possible to sin if you do not save yourself in the face of death.
What are the conditions for taking responsibility if you don't save yourself when you die.
The first is that the perpetrator has an obligation to do some kind of positive act, which is a prerequisite for constituting an omission. This includes: specific obligations under the express and implicit provisions of the law, obligations required to be performed in the course of duties or business, obligations arising from the prior acts of the actor that put a certain interest protected by the law in a state of danger, etc.
Second, if the actor has a real possibility of performing a particular obligation but fails to do so, but for some reason does not have the actual possibility of performing that obligation, it does not constitute an omission. Thirdly, the omission of the actor to fail to perform a specific obligation leads to the occurrence of a harmful result, that is, there is a causal relationship between the omission and the harmful result.
Legal basis: Article 232 of the Criminal Law of the People's Republic of China.
Intentional homicide] Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
Article 233.
Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. If there are other provisions in this law for bulk transportation of potatoes, follow the provisions.
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Whether it is a crime to die and not to save depends on the circumstances:
1. Failure to save death is not a violation of the law, but it is a violation of basic morality and ethics in society, but it is divided into a variety of situations, according to their own identity and position, there is a close relationship between their own identity and position, and it is an illegal act to bear the corresponding legal responsibility, and parents have the obligation to rescue their children. Failure to save oneself in the face of death and not to bear specific obligations generally does not constitute a crime and is morally condemnable;
2. However, the person who believes that he will die and will not save him has a specific obligation, and if he violates the obligation, then in this case, he is suspected of committing a crime or violating the law or discipline. As an obligation, the police have a duty to protect the people, and they cannot die without help. As an obligation required by the job or duties, the firefighter does not save when he sees a fire.
Obligations arising from legal acts. Obligations arising from antecedent acts, such as an adult taking a child out to play, and the child falls into the water, and the adult must rescue him.
[Legal basis].Article 25 of the Civil Code of the People's Republic of China.
The natural person is domiciled at the place of residence recorded in the household registration or other valid identity registration;Where the habitual residence is inconsistent with the residence, the habitual residence is deemed to be the residence.
Article 26.
Parents have a duty to upbring, educate and protect their minor children.
Adult children have an obligation to their parents to support, support and protect them.
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