Attempting to commit suicide by setting fire to a home is also punishable: two men were sentenced separately for arson

The Paper's reporter Zhuang An

Two men in Ningxia, Shaanxi Province, who had the idea of taking a life because of the pressure of life, set fire to their homes and tried to commit suicide, and were eventually sentenced for arson. Recently, the verdict published by the China Judgment Documents Network disclosed the two crimes of arson, and the two men were "sentenced to three suspended and four sentences".

Among them, the Ningxia case occurred on December 9, 2020, and the Huinong District Court of Shizuishan City held a public hearing on December 1, 2021.

The Huinong District Court found that at about 16:00 on December 9, 2020, Yang Mou, a 55-year-old man at the time, returned to his home in a low-rent housing community in Huinong District after drinking alcohol at his friend's house, and had suicidal thoughts due to the pressure of life, so he used a lighter to light the plastic paper on the top of the coffee table.

After the fire spread to the sofa, Yang spilled the height of liquor on the sofa to help burn, causing the fire to spread and burn the coffee table and sofa in the house. After that, Yang shouted in the corridor, the crowd heard the alarm, and the firefighters arrived in time to extinguish the fire. It was determined that the area of the fire in his living room was 10 square meters, and the direct property loss was 5,000 yuan. After the incident, defendant Yang Mou knew that someone at the scene had called the police and waited in the same place for processing, and truthfully confessed the facts of his crime after returning to the case.

The public prosecution organ held that defendant Yang X had committed arson in a residential building, endangering public safety, and his behavior had violated the relevant provisions of the Criminal Law, the facts of the crime were clear, the evidence was credible and sufficient, and he should be investigated for criminal responsibility for the crime of arson. Defendant Yang X, who has surrendered voluntarily, may be given a lenient punishment; voluntarily admit guilt and accept punishment may be given lenient treatment; and if he has been re-educated through labor for theft, he shall be given a heavier punishment as appropriate, and it is recommended that defendant Yang X be sentenced to three years' imprisonment for the crime of arson.

The defender had no objection to the facts of the crime and the charges alleged in the indictment, but he believed that after the fire spread, the defendant Yang mou called the "119" alarm on his own, knocked on the door to inform the neighbors to evacuate, and had no intention of harming others, so that the fire officers and men arrived in time to extinguish the fire, and there was a circumstance of voluntary surrender.

In addition, the re-education through labor system was abolished on November 15, 2013, and Yang's acceptance of re-education through labor in 1986 should not be regarded as a aggravating circumstance. At the same time, the reason why Yang mou set the fire was because of the pressure of life and wanted to commit suicide, and his arson behavior caused the sofa, coffee table and other furniture in the living room of his house to burn down, did not cause personal injury and property damage to others, the subjective malignancy was small, the social harm was not large, and comprehensive consideration of his usual performance, physical condition, etc., it was recommended that he be given a lighter and mitigated punishment and apply a suspended sentence.

After trial, the Huinong District Court held that the defendant Yang Mou disregarded national laws, deliberately set fire to property, endangered public security safety, and had not yet caused serious consequences, and his behavior had constituted the crime of arson, which should be punished according to law, and the crime charged by the public prosecution organ was established. The public prosecution organ's recommendation that defendant Yang be sentenced to three years' imprisonment for the crime of arson, and the defender's recommendation that a suspended sentence be applied to defendant Yang, and other defense opinions consistent with the above determination, all conform to the facts and legal provisions of the case, and the court adopted them. On December 20, 2021, Yang was convicted of arson and sentenced to three years in prison, suspended for four years.

Another case of arson suicide occurred in Luonan County, Shaanxi Province, in July 2021. The Lonan County Prosecutor's Office filed an indictment with the Lonan County Court on December 22, 2021.

The Luonan County Court trial and ascertained that at about 17:00 on July 1, 2021, the 37-year-old defendant Zhao Mou had the idea of taking a life because of his perennial illness and feeling hopeless in life, so he used an unquenched cigarette butt to ignite the firewood room where his family stored wheat grass, causing a fire, and attempted suicide, and then the surrounding masses worked together to extinguish the fire. The firewood house was burned down by the fire, and a nearby walnut branch was charred.

After trial, the Luonan County Court held that the defendant Zhao Mou had the idea of taking a light life due to illness, ignited his own firewood house, endangered public safety, and had not yet caused serious consequences. They voluntarily admit guilt and accept punishment at the review and prosecution stage, and may be given a lenient treatment in accordance with law. Moreover, defendant Zhao surrendered voluntarily, and the punishment may be mitigated or mitigated in accordance with law. In summary, the court adopted the defender's view that defendant Zhao should be given a lighter punishment and a suspended sentence should be applied.

On December 30, 2021, the Luonan County Court of First Instance convicted defendant Zhao mou of arson and sentenced him to three years in prison and a four-year suspended sentence.

Responsible editor: Tang Yubing Photo editor: Shi Jiahui

Proofreader: Luan Meng