According to the China Judgment Network, recently, the Intermediate People's Court of Chengde City, Hebei Province, concluded a fire case in accordance with the law, and the defendant Song Moulai negligently caused a fire, causing the death of two people who escaped by elevator, and was sentenced to four years in prison
Case review: At about 8 o'clock on January 16, 2023, a fire broke out in Room **Building**, **Town**Community**, Fengning Manchu Autonomous County, Hebei Province, where Song Moulai lived. According to the investigation of the Fengning Manchu Autonomous County Fire and Rescue Brigade, the fire started at about 8:16 on January 16, 2023, and the cause of the fire was a short circuit fault in the power cord at the southwest corner of the bed in the bedroom of room 410, which caused the fire, and quickly ignited combustibles such as palm mats and curtains, forming a spread in the bedroom. It can rule out the possibility of fire caused by man-made arson, residual fire, and lithium battery explosion. The fire burned an area of about 32 square meters, causing Zhao and Ren Mouyu to die in the elevator during the escape process. It was also ascertained that Song had modified the circuit that caused the short-circuit fault in the fire in the spring of 2022. According to the statistics of the Fengning Manchu Autonomous County Fire and Rescue Brigade, the fire caused direct property losses of 72,496.6 yuan (excluding elevator losses). On August 16, 2023, the Fengning Manchu Autonomous County Price Determination Center determined that the loss price of the elevator damaged due to the fire at No. 3, Building 29, Jingbei New Town, was RMB 77,893.
The court heard the first-instance judgment of the People's Court of Fengning Manchu Autonomous County, Hebei Province, that the defendant Song Moulai negligently caused the fire, causing the death of two people who escaped by elevator, and the public prosecution accused the defendant Song Moulai of committing the crime of arson, the facts are clear, the evidence is credible and sufficient, the charges are established, and he should be punished in accordance with law. Defendant Song X can truthfully confess after coming to the case, and may be given a lighter punishment; During trial, the defendant voluntarily admits guilt and accepts punishment, and a lenient disposition may be determined in accordance with law, and at the same time, the punishment of defendant Song X is to be determined in consideration of the facts, circumstances, and degree of harm to society in the case. Accordingly, the judgment is as follows: Defendant Song Moulai committed the crime of arson and was sentenced to four years imprisonment. Song appealed that the original sentence was too heavy and requested that a suspended sentence be applied to him. In the end, the Intermediate People's Court of Chengde City, Hebei Province, made a final ruling, rejecting the appeal and upholding the original judgment.
The crime of fire is an act that causes a fire due to the negligence of the perpetrator and endangers public safety, which is one of the crimes endangering public safety according to the provisions of the Criminal Law of the Mainland, and the main characteristics of the crime of fire are: (1) subjectively it can only be constituted by negligence. It can be the fault of negligence or the fault of overconfidence. (2) Objectively committing an act of fire that endangers public safety and causes serious consequences. Sentencing: According to the Criminal Law of the People's Republic of China, the crime of arson is punishable by 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 or short-term detention is to be given. Illegal charging of electric vehicles, gas leaks, electrical fires...... There are many fire safety hazards in family life, how to avoid accidents, please put away this family fire safety guide↓↓↓
How to deal with these dangerous situations such as sudden fire↓↓↓
When a fire breaks out at home, how to evacuate scientifically↓↓↓
Source: Ministry of Emergency Management of the People's Republic of China