Because the subjective behavior of the perpetrator is intentional in the food poisoning want to eat this food people, which has been suspected of intentional homicide and poisoning crime; subjective no intentional situation, constitute the crime of negligence causing death. According to China's "Criminal Law" line management provisions constitute the crime of intentional homicide, the perpetrator will be sentenced to death, life imprisonment or more than ten years of imprisonment; lesser circumstances, shall be sentenced to more than three years to less than ten years of imprisonment. Negligently causing death, shall be sentenced to three to seven years of imprisonment; less serious circumstances, shall be sentenced to less than three years of imprisonment.
Legal basis
Article 232 of the Criminal Law, intentional homicide shall be sentenced to death, life imprisonment, or fixed-term imprisonment of ten years or more; if the circumstances are less serious, the penalty shall be fixed-term imprisonment of three years or more but less than ten years.
Article 233 of the Criminal Law: Negligent causing of human death shall be punishable by fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are less serious, it shall be punishable by fixed-term imprisonment of not more than three years. Where this Law provides otherwise, it shall do so in accordance with the provisions.
The crime of intentional homicide includes direct intent and indirect intent, that is, knowing that the harmful consequences of one's actions will occur in the death of another person, and wishing for or indulging in such a result.