At three o'clock in the morning of July 11, Zhanjiang City, Guangdong. For unknown reasons, a group of men smashed a passing black car with stones and sticks. Then a scene of explosion appeared: the owner turned around and crashed into the smashed crowd in a row, and crashed twice in a row before stopping. For a time, the situation on the scene was comparable to a thriller blockbuster and very dangerous.
In the video, it can be clearly seen that a group of gangster-like young people armed with stones and clubs besieged a black car for no reason, which is indeed a hateful behavior. At this time, if the owner stops the car, opens the door, and immediately fights back at the gang, that is normal defensive behavior; To put it another way, if you step on the accelerator to quickly leave the scene or immediately call the police to intervene, it is also a risk avoidance behavior in line with the norm. But in reality, the owner of the car took the opposite counterattack, slammed on the gas pedal twice in a row, and rushed towards the gang at high speed, and one man almost dodged being knocked down, and even almost endangered a woman at the scene.
But on the Internet, there seems to be a one-sided voice: everyone is scolding this group of punks. There are those who condemn such petty hooliganism, and even those who call for legislative changes.
But all the enthusiasts on the Internet just ignored the cruel truth: what if the driver of this black car hit one or two gangsters on the spot, causing many deaths or injuries? Is your shout still so one-sided, or this new support or solidarity with the impulsive driver?
It is not difficult for us to judge from this that the driver's behavior was subjective and intentional, objectively caused harm to unspecified people, and implemented the method of crashing into the crowd with a high-speed driving car, which completely constituted all the elements of the crime of endangering public safety.
What are the elements required to constitute a crime against public safety?
1. Object requirements, the object of infringement is public safety, that is, the life, health and major public and private property safety of an unspecified majority of people, as well as the safety of public production and life;
2. Objective elements, which are objectively manifested as the implementation of various acts that endanger public safety, which can be manifested as both actions and omissions;
3. Main body requirements, most of the main bodies are general subjects, and a few are composed of special subjects;
4. Subjective elements, which are manifested in the subjective aspect as the intention of committing a crime, including direct intentionality and indirect intention.
What are the criteria for filing a case that constitutes a crime of endangering public security: 1. The object of the violation is public safety, and the subjective manifestation is intentional; 2. Regardless of whether serious consequences are caused, as long as an act endangering public safety is committed, it can constitute the crime.
So, what is the sentencing standard for crimes against public safety?
If the dangerous endangerment of public safety has not caused serious consequences, the penalty shall be fixed-term imprisonment of not less than three years but not more than ten years; Whoever endangers public safety by dangerous means causes serious bodily injury, death or major damage to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty.
So I ask, why do you turn a blind eye to a criminal act that has already been committed, a crime that may face more than 10 years in prison? Is it due to a lack of relevant legal knowledge, or is it blinded by righteous indignation at the scumbags of gangstered society? I think it's the former.
Therefore, popularizing people's legal knowledge and raising people's legal awareness as soon as possible is the basis for governing the country according to law. Only in this way can we make as few mistakes as possible in our daily lives. Let us encourage us together.