How many crimes are involved in "The Beginning", which loops 25 times?
□ Our reporter Zhang Xuehong
□ Our correspondent Yang Ni
At the beginning of 2022, the hit drama "The Beginning" "exploded" the circle of friends.
The play tells the story of the heroine Li Shiqing and the hero Xiao Heyun after encountering a bus explosion and falling into an infinite loop of returning from the dead and experiencing the explosion again.
The protagonist's process of finding the truth and saving others makes people feel kindness and warmth while their hearts are tied tightly.
As a crime suspense drama, many of the plots involve criminal law issues.
In this issue, let's follow the 25 cycles in the play and learn about relevant legal knowledge.
Scenario 1: After Xiao Heyun realized that he was in a loop, his first reaction when he woke up was to get out of the car to avoid the accident.
In order to stop the bus, Xiao Heyun tried to grab the steering wheel of the bus waiting for the traffic light at the intersection.
Does Xiao Heyun's behavior constitute a crime?
If the subjective motives are put aside, Xiao Heyun's rush to control the steering wheel of a running bus may constitute the crime of obstructing safe driving.
According to the Criminal Law, the crime of obstructing safe driving includes the act of using violence against the drivers of public transport vehicles or grabbing control of the driving device, interfering with the normal running of public transport vehicles, and endangering public safety.
In the play, the bus is at a crossroad with relatively large traffic flow and people flow.
If it interferes with the normal operation of the bus, its behavior may cause real dangers such as personal injury or property damage to passengers on the bus and other vehicles around the road, pedestrians, and property damage, endanger public safety, and may constitute the crime of impeding safe driving.
The crime of obstructing safe driving is not necessary for the actual occurrence of harmful consequences, as long as it endangers public safety, it constitutes a crime.
If the perpetrator violates safe driving, causing casualties or heavy losses of public and private property, etc., he may also be convicted and punished according to the crime of causing traffic accident and the crime of endangering public safety by dangerous means.
Scene 2: After Xiao Heyun and Li Shiqing locked Tao Yinghong as the bomb carrier, they tried to seize the bomb to prevent the explosion. Tao Yinghong resisted with the knife they carried with them. Xiao Yunhe stabbed Tao Yinghong to death in the process of capturing the knife.
Should Xiao Heyun bear criminal responsibility for this?
Whether Xiao Heyun accidentally killed Tao Yinghong in the process of capturing the knife, or deliberately killed Tao Yinghong in order to prevent the explosion, Xiao Heyun's actions are all self-defense and do not bear criminal responsibility.
According to the provisions of the Criminal Law, if an act of defense is taken against an ongoing murder, murder, robbery, rape, kidnapping and other violent crimes that seriously endanger personal safety, resulting in casualties of the unlawful infringer, it is deemed to be a special defense, which is not considered to be excessive defense. be criminally responsible.
Tao Yinghong wanted to detonate a bomb on the bus and attacked with a knife to prevent Xiao Heyun from grabbing the bomb. In order to protect the safety of himself and other people on the bus, Xiao Heyun killed Tao Yinghong in the process of grabbing the knife, but the illegal infringement was stopped and should not be bear criminal responsibility.
Scene 3: In a loop, Xiao Heyun and Li Shiqing wanted to prevent the explosion from taking the bomb, Tao Yinghong stabbed Li Shiqing to death with a knife, and then detonated the bomb.
What crimes did Tao Yinghong commit?
Tao Yinghong deliberately carried out different behaviors based on different subjective intentions, and at the same time committed the crime of intentional homicide and the crime of explosion, and should be punished for several crimes according to law.
According to the provisions of the Criminal Law, if one person commits several crimes before the judgment is pronounced, in addition to those sentenced to death and life imprisonment, the sentence to be executed shall be determined at the discretion of the total sentence and the maximum sentence of the sentences, but the maximum term of public surveillance shall not exceed three years, and criminal detention shall not exceed three years. The maximum term of fixed-term imprisonment cannot exceed one year; if the total term of fixed-term imprisonment is less than 35 years, the maximum term cannot exceed 20 years; if the total term of imprisonment is more than 35 years, the maximum term cannot exceed 25 years.
Scene 4: Tao Yinghong and Wang Xingde made a bomb because of their daughter's victimization, intending to blow up the bus. What charges may be involved in such an act?
Tao Yinghong's act of making explosives constitutes the crime of illegally making explosives.
According to the Criminal Law, the crime of illegally manufacturing explosives refers to the act of violating relevant state regulations on the management of explosives, making explosives without authorization, and endangering public safety.
Tao Yinghong violated the relevant state regulations on the management of explosives by making bombs in the rented garage, which endangered public safety and constituted the crime of illegally manufacturing explosives.
The establishment of this crime does not require the occurrence of specific real danger, as long as there is a possibility of endangering public safety.
In the process of making explosives, Tao Yinghong once caused the garage to catch fire due to the explosion of chemicals. If it causes casualties or heavy property damage, it can be considered that the circumstances are serious, and she will face criminal punishment of fixed-term imprisonment of more than ten years, life imprisonment or the death penalty. .
Tao Yinghong's act of detonating the explosive device constituted the crime of explosion, and Wang Xingde was established as an accomplice in the crime of explosion.
According to the Criminal Law, the crime of explosion refers to the act of intentionally causing the explosion of explosives or other equipment or devices, endangering public safety.
In several cycles in the play, Tao Yinghong detonated a bomb by pulling a lead on the bus, endangering public safety and constituting the crime of explosion.
It should be noted that although Wang Xingde did not detonate the bomb directly, he had colluded with Tao Yinghong beforehand, knowing that Tao Yinghong wanted to carry out the explosion on the bus, but still let him get on the bus. When the police stopped the explosion by intercepting the vehicle, Wang Xingde Still speeding up, he and Tao Yinghong constituted an accomplice in the crime of bombing.
Scenario 5: In the last cycle, Officer Zhang threw the bomb off the bridge across the river in time, and the bomb exploded in the water without causing any casualties. At this time, do Tao Yinghong and Wang Xingde’s actions still constitute the crime of explosion?
If the crime of bombing is constituted, is it accomplished or attempted?
The establishment of the crime of explosion does not require actual harmful consequences.
The bomb in the play has a timed detonation device. The moment Tao Yinghong carried the bomb on the bus, it was enough to endanger the lives and health of an unspecified majority of people. The bomb finally exploded in the air. Even if no casualties were caused, the two All actions constituted the crime of bombing.
If the public security organ removes the lead wire to prevent the explosion after obtaining the bomb, the two are considered criminals and can be given a lighter or mitigated punishment.
According to the provisions of the Criminal Law, if a crime has already been carried out, but the crime is unsuccessful due to reasons other than the criminal's will, the crime is an attempted crime.
For attempted offenders, the punishment may be lenient or mitigated by comparison with accomplished offenders.