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What is the crime of poisoning food?
This kind of behavior may constitute two kinds of crimes in criminal law-the crime of intentional homicide or the crime of throwing dangerous substances. These two charges are similar to some extent: 1. The subjects of crime are similar, and they are all general subjects. Anyone who reaches the age of criminal responsibility will be the subject of this crime. However, according to the provisions of the Criminal Law, a person who has reached the age of 14 and is under the age of 16 who seriously endangers public safety shall bear criminal responsibility. 2. Similar in subjective aspects of crimes, they are all intentional acts, knowing that their actions may endanger the life and health rights of others and hoping or letting this result go. The fundamental difference between them lies in the objective aspect of crime. The object of the crime of intentional homicide (poisoning) is the right to life of a specific person, while the object of the crime of throwing dangerous goods is public safety, that is, the health and life of an unspecified majority. Article 17 of the Criminal Law of People's Republic of China (PRC) A person who has reached the age of 16 and bears criminal responsibility commits a crime and shall bear criminal responsibility. A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility. If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law. Article 114 of the Criminal Law of People's Republic of China (PRC) * * * The crimes of arson, explosion, endangering public security by dangerous means, arson, explosion, throwing toxic, radioactive, infectious disease pathogens and other substances, or endangering public security by other dangerous means, which have not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Article 115 of the Criminal Law of People's Republic of China (PRC): Whoever sets fire, breaks water, explodes, releases dangerous substances, endangers public security in a dangerous way, sets fire, breaks water, explodes, releases toxic, radioactive and infectious disease pathogens, or causes serious injuries, deaths or heavy losses to public or private property in other dangerous ways, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The crimes of refusing to explode, negligent water inrush, negligent explosion, negligent delivery of dangerous substances, endangering public security by dangerous means, and negligent crimes mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Article 232 of the Criminal Law of People's Republic of China (PRC) * * * Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.