the crime of poisoning refers to deliberately throwing poison. Acts endangering the safety of the public.

(1) Object elements

The object of this crime is the public security, that is, the life and health of unspecified majority or the security of major public or private property. This is the fundamental difference between the crime of poisoning and the crime of intentional homicide and intentional destruction of property committed by poisoning.

(II) Objective elements

Objectively, this crime is manifested as an act of endangering the safety of the public by throwing poison. That is, this behavior has caused serious damage to the lives and health of unspecified people or livestock and other property. Or has threatened the personal and property safety of unspecified people. The so-called poisons refer to organic or inorganic substances containing toxic substances, such as arsenic, dichlorvos, potassium cyanide, ximaite and 1159 highly toxic pesticides. Although opium, marijuana and morphine are also poisons, they are not included in the poisons of the crime of poisoning. There are many places to put poison. In order to poison the masses, some people poison public tap water pools, canals, wells, water tanks and rice cookers in public canteens and public food; In order to poison livestock, some people poison drinking pools and livestock feed in pastures; In order to poison poultry, some people poison feed, and so on.

the crime of poisoning is a harmful crime, and its establishment does not need the actual result of poisoning by an unspecified majority or damage to major public and private property. As long as the actor commits the act of throwing poison, which is enough to endanger the safety of the public, it constitutes the crime of poisoning. For example, Zuo had a conflict with the leader Long because of work and family arrangements, and his dissatisfaction with Long developed into poisoning revenge. One day, Zuomou chose the insecticide with lower toxicity from the three pesticides stored at home, bottled a bottle with green toxin, and put it in the drinking water tank of Longjia. Because the dragon's wife found it in time, there was no consequence. In this case, Zuo mou developed from dissatisfaction to poisoning revenge, subjectively with the intention of poisoning, and objectively implemented the act of putting pesticide insecticidal rice into Longjia water tank, because Longmou had an old mother, a wife and daughter, and relatives and friends. These people (including poultry, livestock and other property) may be poisoned. Therefore, Zuo's act of throwing poison has not caused serious consequences, but it is enough to endanger the lives and health of unspecified majority and the safety of poultry, livestock and other property, which has constituted the crime of poisoning.

(III) Subject Elements

The subject of this crime is a general subject. Anyone who reaches the age of criminal responsibility and has the ability of criminal responsibility becomes the subject of this crime. According to the second paragraph of Article 17 of this Law, a person who has reached the age of 14 but under the age of 16 commits the crime of poisoning and endangers the safety of the public, he shall bear criminal responsibility.

(IV) Subjective aspects of crime

This crime is intentional in subjective aspects. The so-called intentional, that is, the actor knows that his poisoning behavior endangers the safety of the public, which may cause unspecified casualties or a large number of losses of public and private property, and hopes or lets this happen. There are various motives for poisoning, but different motives do not affect conviction.

[ Edit this paragraph] It is recognized that

(1) The boundary between the accomplished and attempted crime of poisoning

This article adds the behavior of poisoning. The provisions of this article are directly applicable to poisoning. Therefore, as long as the actor's poisoning behavior endangers the safety of the public, even if it has not caused serious consequences, it also constitutes the accomplished crime of poisoning. If it has caused serious consequences such as serious injury, death or heavy loss of public or private property, it shall be punished in accordance with the provisions of Article 115 of this Law.

(II) The difference between the crime of poisoning and the behavior by means of poisoning

No matter what the occasion of poisoning and the specific direction of poisoning behavior, as long as the actor knows that his poisoning behavior will cause poisoning casualties to an unspecified number of people or an unspecified number of livestock and poultry, and hopes or lets this result happen, he should be punished as poisoning crime. If the poisoning behavior only points to a specific individual, livestock raised by a specific individual's family, contracted fish ponds, etc., and consciously limits the damage results to this local range, which is not enough to endanger the safety of the public, it should not be convicted of poisoning. According to the actual situation, we should decide what crimes constitute, such as intentional homicide, intentional destruction of property, and destruction of production and operation.

(3) the boundary between the crime of poisoning and the crime of causing accidents with dangerous goods

If the perpetrator violates the regulations on the management of toxic goods, it may also cause serious consequences of personal injury or death. However, this crime is a major accident in production, storage, transportation and use, and can only be constituted by negligence; The crime of poisoning is not limited by this scope, and subjectively it is intentional.

(IV) The boundary between the crime of poisoning and environmental pollution

Environmental pollution refers to the behavior that factories, enterprises, institutions and scientific research units, in violation of the provisions of the Environmental Protection Law of the People's Republic of China, arbitrarily discharge harmful substances that exceed the national standards, seriously pollute the environment, endanger people's health and destroy natural resources, and can be treated within the prescribed time limit without treatment. The harmful consequences of this behavior are sometimes similar to the crime of poisoning, but the causes and manifestations of the behavior are different from the crime of poisoning.

[ Edit this paragraph] Punishment

According to the provisions of this article, whoever commits the crime of poisoning, but has not caused harmful consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes serious injury, death or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 11 years, life imprisonment or death in accordance with the provisions of Article 115 of this Law.