Those who cause personal injury or death but do not constitute a crime shall be detained for not more than 15 days. If heavy losses or casualties are caused, they should be prosecuted for dereliction of duty.

1. What is the sentencing standard for dereliction of duty in a fire accident?

The sentencing standard for dereliction of duty is to be sentenced to fixed-term imprisonment of less than three years or criminal detention; if the circumstances are particularly serious, the sentence is to be more than three years. Fixed-term imprisonment of not more than seven years. If this law provides otherwise, the provisions shall prevail.

A case should be filed if suspected of one of the following circumstances:

1. Causing more than one death, or serious injury to three or more people, or two serious injuries, or four or more minor injuries, Or seriously injuring 1 person, slightly injuring more than 7 people, or slightly injuring more than 10 people;

2. Causing serious poisoning to more than 20 people;

3. Causing direct economic damage to personal property The loss is more than 150,000 yuan, or the direct economic loss is less than 150,000 yuan, but the indirect economic loss is more than 750,000 yuan;

4. Causing 30 direct economic losses to the property of the public or the property of legal persons or other organizations More than 10,000 yuan, or the direct economic loss is less than 300,000 yuan, but the indirect economic loss is more than 1.5 million yuan;

5. Although the amount standards of 3 and 4 are not reached, the total of 3 and 4 The direct economic loss is more than 300,000 yuan, or the total direct economic loss is less than 300,000 yuan, but the total indirect economic loss is more than 1.5 million yuan;

6. Causes companies, enterprises and other units to suspend business or production for more than 1 year , or goes bankrupt;

7. The staff of the customs and foreign exchange management departments are seriously irresponsible, resulting in the fraudulent purchase of more than 1 million US dollars in foreign exchange or the evasion of more than 10 million US dollars in foreign exchange;

9. Other situations that cause significant losses to public property, the interests of the country and the people.

2. Can a person be convicted without pleading guilty?

According to relevant legal provisions, the sentencing of all cases must focus on evidence, investigation and research, and not taking confessions lightly. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and punished; if there is no defendant's confession and the evidence is reliable and sufficient, the defendant can be found guilty and punished. The evidence is reliable and sufficient and should meet the following conditions:

(1) The facts of conviction and sentencing are all supported by evidence;

(2) The evidence on which the case is finalized has been verified to be true through legal procedures ;

(3) Based on the evidence in the entire case, reasonable doubt has been eliminated as to the facts found."

If the fire accident is caused by the negligence of some staff members, only the fire accident If it causes particularly serious impacts, such as causing the death of more than one person or causing particularly serious damage to forest land, the party concerned will be held legally responsible for the crime of dereliction of duty. If the accident is not particularly serious, dereliction of duty will also face corresponding administrative sanctions. < /p>

Legal basis:

Article 71 of the "Fire Protection Law of the People's Republic of China": Staff members of housing and urban-rural development departments and fire rescue agencies abuse their power and neglect their duties , engage in favoritism and malpractice, and commit any of the following acts, which do not constitute a crime, shall be punished in accordance with the law:

(1) Approval of fire protection design documents, construction projects, and sites that do not meet fire safety requirements, Those who pass the acceptance inspection and fire safety inspection;

(2) Unreasonably delay the fire design review, fire acceptance, and fire safety inspection, and fail to perform their duties within the statutory time limit;

(3) Failure to promptly notify relevant units or individuals to make rectifications when fire hazards are discovered;

(4) Taking advantage of one’s position to designate or designate in disguise the brand, sales unit or fire protection technical service agency, or fire protection facility construction for users or construction units units;

(5) Using fire trucks, fire boats, fire-fighting equipment, equipment and facilities for matters unrelated to firefighting and emergency rescue;

(6) Other abuses Acts of authority, dereliction of duty, and malpractice for personal gain.

It does not constitute a crime for staff members of product quality supervision, industrial and commercial administration and other relevant administrative departments to abuse their power, neglect their duties, or engage in malpractice for personal gain in fire protection work.

Article 55 of the "Criminal Procedure Law" stipulates: "The sentencing of all cases must focus on evidence and investigation and research, and confessions must not be taken lightly." If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and punished; if there is no defendant's confession and the evidence is reliable and sufficient, the defendant can be found guilty and punished. The evidence is reliable and sufficient and should meet the following conditions:

(1) The facts of conviction and sentencing are all supported by evidence;

(2) The evidence on which the case is finalized has been verified to be true through legal procedures ;

(3) Based on the evidence in the entire case, reasonable doubt has been eliminated as to the facts found."

If the fire accident is caused by the negligence of some staff members, only the fire accident If the accident has caused particularly serious impacts, such as causing the death of more than one person or causing particularly serious damage to forest land, the parties will be held legally responsible for the crime of dereliction of duty. If the accident is not particularly serious, dereliction of duty will also face corresponding administrative sanctions.