Because you are worried about your own safety, do you not save the law when you see death? Under wha

Because he was worried about his own safety, he would not save the law when he saw death.

Under normal circumstances, death is only the object of moral condemnation, and does not belong to the scope of criminal law evaluation; However, under special circumstances, those who do not save themselves in the face of death will also become the object of evaluation by the criminal law, and those who "do not save in the face of death" will also bear criminal responsibility.

When a person who "sees the dead" has the legal obligation to prevent the death of another person, and has the ability to prevent the death of another person, but does not take measures to prevent the death of another person, so that the death of another person occurs, he shall bear criminal responsibility, and its essence is the crime of omission in criminal law theory.

Legal basis:

Article 397 of the Criminal Law stipulates that a functionary of a state organ who abuses his power or neglects his duties, causing major losses to public property or the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal 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.

Article 429 of the Criminal Law [Crime of Refusing to Rescue Friendly and Neighboring Troops] Whoever clearly knows that a friendly and neighboring unit is in a critical situation on the battlefield and requests rescue, but fails to do so when he can do so, causing the friendly and neighboring troops to suffer heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years for the commander.

It depends on the specific situation, whether it has an obligation to help, and why it is worried about its own safety, if there is an obligation to help, and if it is not acted, it is suspected of a crime of omission, thank you.

If you do not have the obligation to help, it will not constitute a crime, and if there is an obligation to help, if you do not help, it will constitute a crime.

It is difficult to say that the specific situation is not clear, but from a legal point of view, the key is to see whether there is a legal obligation for legal assistance, and the specific situation can be analyzed on a case-by-case basis.

It is not possible to generalize. Under normal circumstances, "seeing death and not saving" does not constitute a crime, but only an object of moral condemnation; However, under special circumstances, those who do not save themselves in the face of death will also become the object of evaluation by the criminal law, and those who "do not save in the face of death" will also bear criminal responsibility. Seeing death or not saving can be roughly divided into two types.

The first is that those who have an obligation to act will not be saved, and the other is that those who have no obligation to act will not be saved.

If there is an obligation to die and not be saved, then the perpetrator is violating the criminal law. It is generally characterized as the crime of intentional homicide. Failure to save a person who has no obligation to act does not constitute a crime.

I'm definitely not going to save it, because it's not worth it.

If it constitutes a crime, it can only be a crime of omission. Crimes of omissionCrimes of omission refer to acts in which the perpetrator violates the direct provisions of the law, bears a legally-prescribed obligation and refuses to perform, and the circumstances are serious or heinous. To briefly summarize the crime of omission, several constituent elements are ought, can do, and refrain from acting.

The vast majority of acts of not saving people do not constitute a crime, and the main reason is that the perpetrator has no obligation to help.

1. The obligations expressly stipulated in the law, such as the obligation to support family members, and the obligation of the parties to fulfill the effective judgment and ruling of the court;

2. Obligations required by the position or business, such as doctors, firefighters on duty, etc.;

3. Obligations arising from legal acts, such as those created by contractual acts;

4. The obligation arising from the antecedent act, that is, the antecedent action causes the social relations protected by the criminal law to be in a state of danger, and the actor has a specific obligation to take effective measures to eliminate the danger or prevent the danger from occurring

Therefore, as long as there is no obligation to help, even if you do not save you in the face of death, it will not constitute a crime, but if a person who has an obligation to help does not help when she can, it will constitute a crime. For example, a doctor in a hospital who refuses to treat an injured person when he is able to treat it may constitute a crime, and a police officer who has the ability to help someone in danger when he sees him or her in danger may also constitute a crime.

If you don't save you when you die, you don't break the law. There is also no need to bear legal responsibility. But it should be condemned by conscience.

The constitutive elements of negligent death are that the perpetrator has carried out an act that caused the death of another person and has already caused the death of another person. Subjective liability is in the form of negligence, that is, the perpetrator has foreseen the possibility that his actions will cause the death of others, or has foreseen and is gullible enough to avoid it.

The crime of negligence causing death is a crime of negligence, which refers to the act of causing the death of another person due to negligence. Death by negligence, including negligent negligence causing death and overconfident negligence causing death. The former refers to the fact that the actor should have foreseen that his or her act might cause the death of another person, but failed to foresee it due to negligence, resulting in the death of another person.

The latter refers to the fact that the perpetrator has foreseen that his or her actions may cause the death of another person, but because of credulity that it can be avoided, it causes the death of another person. If the perpetrator is not subjectively negligent, but causes the death of another person due to other unforeseeable reasons, it is an accident and the perpetrator does not bear any criminal responsibility.

Tongxiang Legal Basis].

Criminal Law of the People's Republic of China

Article 233 [Crime of Causing Death by Negligence] 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. Where this Law provides otherwise, follow those provisions.

1. Is there any responsibility for saving people who improperly cause death?

1. A reasonable act of rescue is not a tort, but if there is a fault due to the treatment measures taken, the person shall bear the liability for compensation within the scope of the fault. Where the perpetrator infringes upon the civil rights and interests of others due to fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

2. Legal basis: Article 233 of the Criminal Law of the People's Republic of China.

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. Where this Law provides otherwise, follow those provisions.

2. What are the constitutive elements of the crime of negligence causing death?

The constitutive elements of the crime of negligence causing death are as follows:

1. The object of the crime of negligent death is the right to life of others;

2. The crime of negligence causing death is objectively manifested as the act of causing the death of another person due to negligence;

3. The main main subject element of the crime of negligence causing death is a general subject, which can be constituted by any natural person who has reached the legal age of responsibility and has the capacity for criminal responsibility;

4. The crime of negligence causing death is subjectively manifested as negligence, that is, the perpetrator has a negligent mental state for the outcome of his act, including negligence.

III. What are the criteria for filing a case for the crime of negligence causing death.

The criteria for filing a case for the crime of negligence causing death are as follows:

1. The object of the infringement is the right to life of others;

2. The perpetrator has an act that causes death;

3. The subject of the crime is a general subject, that is, a natural person who is at least 16 years old and has the capacity for criminal responsibility, and can constitute the subject;

4. The subjective manifestation of the crime is negligence, including overconfident negligence and negligent negligence, which is for the result of death.

The legal responsibility for not saving the dead needs to be determined according to the circumstances, as follows:

1. Under normal circumstances, an ordinary actor does not constitute a crime as an act of omission and does not need to bear legal responsibility.

2. Under special circumstances, a state public employee who fails to save his or her life while performing his official duties may constitute the crime of dereliction of duty and bear legal responsibility, for example, when the police themselves perform their official duties, their failure to save them in the face of death constitutes a crime, and the duties of the police may be used as a legal obligation to restrain their behavior, so that they bear the obligation to act when they die and do not save them, but because the police's duty is to save the people, the police's failure to save them constitutes a crime of omission, that is, the crime of dereliction of duty.

Laws and Regulations

Criminal Law of the People's Republic of China

Article 397: [Crime of Abuse of Power] [Crime of Dereliction of Duty] Where a functionary of a state organ abuses his power or neglects his duty, 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. Article 233: [Crime of Causing Death by Negligence] 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.

Where this Law provides otherwise, follow those provisions. Article 234-1 [Crime of Organizing the Sale of Human Organs] Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.

Intentional injury] [Intentional homicide] Whoever harvests his or her organs without his consent, or from a person under the age of 18, or compels or deceives others to donate organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Crimes of theft, insult, or intentional destruction of corpses, bones, or ashes] Whoever removes organs from a cadaver against the person's prior wishes, or who does not express their consent before his death, violates state regulations, or removes his cadaver organs against the wishes of his close relatives, is to be convicted and punished in accordance with the provisions of Article 302 of this Law.

Legal analysis: Under normal circumstances, there is no need to bear legal responsibility if you do not save yourself. However, based on obligations expressly provided for in the law; business requirements; obligations arising from legal acts; Where the obligation to rescue is caused by circumstances such as the obligation to make a mess caused by the prior act, the actor needs to bear criminal responsibility if he or she does not provide assistance.

Legal basis: Article 21 of the Criminal Law of the People's Republic of China In order to protect the state, the public interest, the person, property and other rights of oneself or others from the danger that is occurring, the person who has to take emergency avoidance acts and cause damage, shall not bear criminal responsibility. Where emergency avoidance exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but the omission of accompanying the collision shall be mitigated or renegotiated to be exempted from punishment.

The provisions of the first paragraph concerning the avoidance of personal danger do not apply to persons who have specific responsibilities in their duties or operations.