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1 year in prison! Qinghai man sentenced for assaulting bus driver

Information source: qZBYnDCKQ

Case brief

On April 27, 2019, the Huangzhong County Public Security Bureau received an alarm from Weizhong, a bus driver in a town in Huangzhong County, saying that driving a bus at the village bus station in Huangzhong County on the same day was due to a coin with a passenger Ma. A quarrel occurred, and then Wei Mo continued to quarrel with his passenger while driving the bus, and hit Wei with a drink bottle.

Investigation and processing

After receiving the alarm, the Huangzhong County Public Security Bureau immediately assigned the police to conduct a preliminary investigation of the case, and on May 14, 2019, a dangerous method of endangering public safety was filed for investigation. According to law investigations, it was found that the criminal suspect, Ma, had a quarrel with Wei, a bus driver, at a bus in a village in Langzhong County at around 7:38 on April 27, 2019, and then Wei drove. The bus continued to walk, during which the suspect Ma Mou continued to quarrel with Wei Mou, and hit the driver Wei Mou with a drink bottle. The vehicle was forced to brake urgently. During this period, 7 passengers were carried in the car. On August 15, 2019, the Huangzhong County People's Court sentenced Ma to 1 year in prison and suspended sentence to 1 year in a dangerous crime to endanger public safety.

Legal analysis

Article 114 of the Criminal Law of the People's Republic of China provides for arson, water explosion, explosion, poisoning or other dangerous methods to destroy factories, mines, oil fields, ports, rivers, water sources, warehouses, houses, forests, farms, Valley farms, pastures, important pipelines, public buildings or other public and private property that endanger public safety and have not suffered serious consequences shall be sentenced to three to ten years in prison. The perpetrator committed a specific illegal act in the subjective aspect, which objectively caused or may cause the safety of the property and life of an unspecified person. The actual consequences are difficult to predict and control by the perpetrators, and have the nature of seriously endangering public safety.

As long as the perpetrator has committed an act that endangers public safety in a dangerous manner, a dangerous state sufficient to endanger public safety has occurred, and whether or not it constitutes serious consequences constitutes this crime, so this type of crime can be classified as a potential or dangerous offender.

Typical meaning

In combination with this case, the criminal suspect, Ma, used violent methods to beat the driver who was driving the bus, which would inevitably cause unsafe risks to the lives of an unspecified majority of people, and his behavior objectively caused potential danger. Although this is just a common illegal act from a single perspective, the serious consequences it can cause are unpredictable and controllable. This is a serious behavioral offender. Once the act is committed, a crime is suspected, and it will be punished by law. Educate the general public to learn, understand, and abide by the law, and to be citizens at all times.

In recent years

There are not many such incidents across the country

Have taught us a painful lesson

We never forget

The "10 · 28" bus crash in Chongqing in 2018

5 minutes of quarrel, 3 seconds of fighting,

15 fresh lives are gone!

How many happy families are fragmented ...

Some people consider the safety of people full of cars as nothing

Beat the bus driver

Not only a serious threat to road traffic safety

Even causing major casualties and property damage

To such people

Must be severely punished according to law, never let go easily!

In January 2019, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued and issued the "Guiding Opinions on Punishing Illegal and Criminal Offences That Impede the Safe Driving of Public Transport"

Which clearly states

These types of behavior will be severely punished:

The Opinions further clarify the requirements of applicable laws on crimes that hinder safe driving and public order.

● Passengers who commit “robbing the steering wheel, shift lever, and other operating devices, assaulting and dragging drivers,” and other high-risk behaviors that impede safe driving, shall be convicted and punished in accordance with the crime of endangering public safety in a dangerous manner, and emphasize that even if serious As a consequence, probation is generally not applicable; those who have certain types of situations such as "armed assaulting a driver" shall be given a heavier punishment.

● Passengers who engage in provocative acts against other personnel that interfere with the order of traffic operations and affect driving safety, shall be convicted and punished according to the specific circumstances respectively.

● The Opinions emphasize that violence and threats to prevent staff members of state organs from legally disposing of crimes that hinder safe driving and maintaining public transport order shall be convicted and punished for crimes of obstructing official duties; violent attacks on people ’s police who are performing their duties in accordance with the law shall be taken seriously Punishment.

● Convicted and punished drivers who violated the regulations or left their posts in conflict with passengers and seriously endangered public safety according to the danger of endangering public safety.

● In order to encourage cabin crew and passengers of public transportation to fight against illegal and criminal activities that hinder safe driving, stop acts that infringe on drivers and passengers in a timely manner, and take emergency measures to avoid serious harmful consequences, the Opinions also provide for proper defense and emergency avoidance. Risks provide principles.

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