According to daily of the Yangtse River, on Feburary 8, 2018 afternoon 4 when make, wuhan road of friendship of a line stands Chinese mouth is northward to the platform, yao Mou threaten of 33 years old should jump course commits suicide, after be being discovered by the staff member check in time. Incident causes a line to cut off the power halt use many minutes 40, light rail along the line stands each about 300 thousand passenger stops. Recently, open a court session of court of people of Wuhan city Han Yang district hears this case and make first instance adjudicate on the court, yao Mou of the accused person makes provoke affray blame sentence a set term of imprisonment one year 6 months, probation two years. Jump with threaten course suicide creates public order serious and confused and be found out criminal responsibility, this still is belonged to in the whole nation first.
Try the Han Yang court of this case to think, yao Mou jeers in orbit traffic site make trouble, cause orbit traffic to halt use, circumjacent road transportation is embraced, alarm affection increases, cause public order severe disorder, its behavior already made provoke affray crime, but Yao Mou can commit a crime entirely for narrating according to the facts fact, and admit his guilt of one's own accord on the court, the department is direct, OK and light punishment.
To this case, the Yang Ming of deputy director general that legal system of be assigned personal responsibility for of branch bureau of orbit traffic administration works introduces, the suicide attributes individual action commonly, do not investigate duty, but if endangered the life property security of other because of the suicide, disturbed and public order, be individual behavior not just, the clue wants badly to investigate criminal duty.
Relevant law sets:
Provoke affray blame
" criminal law " have one of action of following provoke affray the 293rd times, destroy social order, handle battle of 5 years of the following set term of imprisonments, arrest or control:
(One) hit another person at will, the; with abominable clue
(2) angle, intercept, abuse, threaten other, the; with abominable clue
(3) take by force extortionary perhaps mar arbitrarily, take up state-private property, the; with serious clue
(4) in public jeer make trouble, create public order of severe disorder.
Behavior of the money before get together other is carried out for many times, play havoc with social order, be in 5 years of above 10 years the following set term of imprisonment, can punish gold.
What is probation
" criminal law " the 72nd to be being sentenced the criminal of 3 years of arrest battle, the following set term of imprisonments, accord with following condition at the same time, can proclaim probation, to resenting among them the person of 18 one full year of life, pregnant woman is mixed full already the person of 75 one full year of life, ought to proclaim probation:
(One) guilty plot is smaller;
(2) contrition behaves;
(3) the dangerous; that did not commit a crime again
(4) declare probation does not have great and bad influence to place living community.
Declare probation, can according to guilty circumstance, prohibit at the same time the criminal undertakes specific activity inside probation test deadline, enter location, room, contact specific person.
By the criminal of declare probation, if be sentenced to add infliction, add infliction to still must be carried out.
The probation test deadline of battle of the 73rd arrest is above of original judgement term of imprisonment one year the following, but cannot little at 2 months.
The probation test deadline of the set term of imprisonment is above of original judgement term of imprisonment 5 years the following, but cannot little at a year.
Probation test deadline, from the court decision affirmatory sun rises consideration.
The 74th first member to jailbird and guilty group, not applicable probation.
The 75th is proclaimed the criminal of probation, ought to abide by following regulation:
(One) abide by law, administrative regulations, obedience supervises;
(2) the mobile circumstance; that provides him report according to what inspect mechanism
(3) abide by inspect mechanism to set; about what receive a visitor
(4) the town that leaves place to live, county or change one's dwelling house, ought to sign up for approve via inspecting mechanism.
The 76th criminal to declare probation, inside probation test deadline, execute community lawfully correctional, if do not have the condition that Benfadi sets 77 times, probation test expires, the penalty of original judgement is carried out no longer, give publicly declare.
The 77th is proclaimed the criminal of probation, new pain makes perhaps discover what did not adjudicate to there still is other crime before adjudicative declare inside probation test deadline, ought to cancel probation, the fault that discovers newly perhaps to the crime that commits newly enters a judgement, before the penalty that place of the blame after the blame is mixed sentences, according to Benfadi 69 regulation, decide executive penalty.
By the criminal of declare probation, inside probation test deadline, lawbreaking, administrative regulations or concerned branch of the State Council sets about the supervisory management of probation, perhaps disobey people court court decision to prohibit mediumly making, the clue is serious, ought to cancel probation, executive original judgement is penal.
