Recently, the incident of "an elderly man tripped on a dog leash and died after falling to the ground" in Foshan, Guangdong has attracted great attention from netizens.
According to the police report, this matter was initially judged as
Accident
Maybe you will flash by when you see the "abnormal event", But do you really know about the accident?
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Before we understand what an accident is, we need to know what the subjective aspect of crime is.
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Before we understand what the subjective aspects of crime are, we need to know what the constituent elements of crime are.
Below is the boring legal publicity time
In my country, crime must meet four conditions, also known as the constituent elements of crime, is the subject of the crime (suspect), the subjective aspect of the crime (what the suspect thinks), the objective aspect of the crime (what the suspect did bad things), and the object of the crime (social relationship infringes on the suspect's bad things) . The accidents mentioned by the police are subjective aspects of the crime.
According to Articles 14-16 of the Criminal Law, subjective aspects of crime include intentional crime, negligence crime, force majeure, and accidental incidents .
1
What is intentional crime?
Knowing that your actions will cause consequences that harm society, and hope or allow such results to happen, and thus constitute a crime, is intentional crime.
Typical crimes: Intentional homicide, dangerous driving (drunk driving), arson
Typical cases : Zeng Chunliang’s intentional homicide case (Latest! Zeng Chunliang, a suspect who killed 3 people in Le'an, Jiangxi, was arrested)
2
What is a negligent crime?
should foresee that one's actions may cause consequences that harm society, because negligence and lack of foreseeability, or have foreseeed and trustworthy, so that such a result can be avoided, is a crime of negligence.
Typical Crimes: Negligent Causes Death, Traffic Accident, Fire,
Typical Crimes: The suspect in the drowning case of Li Moucao Luo Bingqian was prosecuted for suspected negligent Causes of death
3
Objectively, although the behavior caused damage, it was not caused by intentional or negligence, but due to irresistible or unforeseeable reasons, and it was not a crime.
Typical crime : No
Typical example : Typhoon, earthquake, new coronary pneumonia...
Subjective aspect of crime is an important basis for law to measure whether a person is "good" or "bad".
intentional crime is a typical bad guy
negligent crime is careless people
and encounter force majeure or accidents. People who are in a hurry helpless people
The law punishes "bad guys", and of course there are a few careless people. As long as we always have a kind heart, do things boldly, and verify carefully, the law will become our protective umbrella and patron saint .
text/ball ball
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