[Explanation] Recently, a truck was rear-end collision on the highway in Yancheng, Jiangsu, and part of the pork loaded was thrown under the highway. At the scene of the accident, although the owners tried their best to stop them, many people still rode electric vehicles and tricycles to rob. According to statistics, nearly 7 tons of pork were looted and the owners lost nearly 300,000 yuan. What kind of behavior is looting? On August 10, people in the legal profession responded to this.
[Explanation] According to reports, looting is an illegal or even criminal behavior of a bad nature. If the victim is held accountable, those involved in the looting shall be liable for compensation. At the same time, such behavior may also be suspected of violations of law and order and criminal offenses. The value and specific circumstances of the legal consequences.
[Concurrent] Guo Xiaoming, a legal practitioner
First, it may be suspected of gathering crowds to rob. If the villagers participating in the looting at the scene are organized and premeditated, according to the sentencing standards of Jiangsu Province, the amount of the looted property is more than 2,000 yuan or there are other serious circumstances, it may constitute the crime of gathering crowds, which will be positive to the chief and other Participants are sentenced to fixed-term imprisonment, criminal detention or surveillance of up to 3 years, and fined, up to 10 years. Second, it may be suspected of theft. If the goods are scattered after a truck accident occurs, and the villagers take advantage of the owner's carelessness and take away the goods, the amount reaches 2,000 yuan, or there are other serious circumstances, they may be suspected of theft, and can be sentenced to a fixed-term imprisonment of less than 3 years, up to life imprisonment; Third, it may be suspected of snatching or robbery. If the villagers insist on looting the supplies, the amount reaches 1,500 yuan or there are other serious circumstances under the circumstances that the owner of the car clearly stops them, they may be suspected of the crime of snatching, and they can be sentenced to a fixed-term imprisonment of up to 3 years, up to life imprisonment; if in the process of snatching, Violent behavior is committed when the owner of the vehicle prevents it, so no matter how large the amount is, it constitutes a crime of robbery, which can be sentenced to 3 to 10 years in prison, up to the death penalty. If the circumstances do not meet the criminal standards, the public security organs may impose fines and detention for public security penalties.
[Explanation] At the same time, for some people who participated in the looting with the mentality of "the law does not blame the public", Guo Xiaoming emphasized that this statement is not accurate.
[Concurrent] Guo Xiaoming, a legal practitioner
Generally speaking, people who participate in looting are often greedy for petty gains, and when they see others robbing, they have to rob them, thinking that "the law does not blame the public." In fact, this kind of behavior is illegal or even criminal, and the law will not punish it because there are too many people involved. Instead, it will be severely punished because of bad social influence and serious circumstances. The legal net is intact, with negligence and no omission, and there should be no chances for crimes.
[Explanation] To prevent similar incidents from happening, on the one hand, publicity and education on the rule of law should be strengthened, and on the other hand, relevant departments should also strictly enforce the law. In this regard, Guo Xiaoming also made suggestions.
[Concurrent] Guo Xiaoming, a legal practitioner
The public security organs and relevant departments should promptly intervene to dissuade, control the situation, restore order, and help car owners recover the lost materials. For some serious and bad circumstances, they should also be held accountable to prevent others. This is also very necessary and effective. The rule of law education.
Reporter Shan Lu reports from Beijing
Editor in charge: [Li Ji]