The sentencing standards for the crime of poisoning are: the crime of poisoning, which 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 10 years, life imprisonment or death in accordance with the provisions of Article 1 15 of this Law. Object elements: the object of this crime is public safety, that is, the life and health of unspecified majority or the safety of major public and private property. This is the fundamental difference between the crime of poisoning and the crime of intentional homicide and intentional destruction of property.

Objective elements: This crime is objectively manifested as poisoning and endangering public safety. That is, this behavior has caused serious damage to the life, health and other property of unspecified people or livestock. Or has threatened the personal and property safety of unspecified people.

Legal basis:

Article 115 of the Criminal Law of People's Republic of China (PRC) * * * Whoever sets fire, breaks water, explodes or poisons people seriously or causes heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Whoever negligently commits the crime 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.

Derivative problem:

What is the filing standard of the crime of poisoning?

The crime of releasing dangerous substances is a crime of endangering public safety, and it must be that the released dangerous substances are enough to endanger the personal and property safety of unspecified public. For example: first, put dangerous substances in the food or drink of unspecified people; The second is to put poison into rivers, ponds and wells. Used by people and livestock; The third is to release radioactive and infectious disease pathogens in some public places. If you only put poison into the articles eaten by a specific person, the alleged crime is intentional homicide, not the crime of putting dangerous substances.