【Daily Question】Registered Safety Engineer 2022.2.13
Thread Content
According to the Criminal Law of the People’s Republic of China, those who violate the relevant safety management regulations in production or operations, thereby causing major casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention； In cases of particularly serious circumstances, a sentence of ( ) years in prison shall be imposed. A. More than three years but less than five years B. More than three years but less than seven years C. More than five years but less than seven years D. More than three years but less than ten years Answer: B Explanation: Article 134 [Crime of Major Responsibility Accident] ； 【Crime of Forcing Workers to Carry Out Dangerous Operations in Violation of Regulations】 Article 134: Employees of factories, mines, forestry farms, construction enterprises, or other enterprises or institutions who, by refusing to comply with management requirements or violating rules and regulations, or by forcing workers to carry out dangerous operations in violation of regulations, cause major casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention ； For cases of particularly severe nature, the penalty is fixed-term imprisonment of not less than three years but not more than seven years. Amendment 11 to the Criminal Law revises Paragraph 2 of Article 134 of the Criminal Law to read: “Whoever forces others to carry out work in violation of regulations and at high risk, or, knowing that there are serious potential hazards, fails to eliminate them and still organizes such work at risk, thereby causing major casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.” ； For those with especially egregious circumstances, a fixed-term imprisonment of more than five years shall be imposed. ” Test point: Crime of causing a major responsibility accident
B Analysis: According to the provisions of the Criminal Law, violating the relevant safety management regulations in production or operations, thereby causing serious casualties or other severe consequences, constitutes the crime of major responsibility accident. Who commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention ； In cases of particularly severe circumstances, the penalty is fixed-term imprisonment of not less than 3 years but not more than 7 years.