1. Attempted murder by poisoning should be criminally liable for intentional injury. According to the criminal law, the crime of intentional homicide is sentenced to death, life imprisonment or fixed-term imprisonment of more than one year. If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than two years but not more than ten years.
2. If a crime has been committed, but it has not been realized due to reasons other than the will of the offender, it is an attempted crime. An attempted crime may be given a lighter or mitigated punishment according to the facts of the crime.
The difference between poisoning crime and poisoning behavior;
1. No matter what the occasion of poisoning is or the specific direction of poisoning behavior, as long as the actor knows that his poisoning behavior will cause unspecified people or unspecified livestock poisoning casualties, and hopes or lets this result happen, he should be punished as poisoning crime.
2. If the poisoning behavior only points to a specific individual, livestock raised by a specific individual's family, contracted fish ponds, etc. And the damage result is consciously limited in this local range, which is not enough to endanger public safety, it should not be convicted of poisoning. It is necessary to decide what crimes constitute according to the actual situation, such as intentional homicide, intentional destruction of property, and destruction of production and operation.
The boundary between the crime of poisoning and the crime of polluting the environment;
1. Environmental pollution refers to the behavior that factories, enterprises, institutions and scientific research units arbitrarily discharge harmful substances exceeding the national standards in violation of the provisions of the Environmental Protection Law of People's Republic of China (PRC), seriously polluting the environment, endangering people's health and destroying natural resources, and can be treated without treatment within the prescribed time limit;
2. 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.
To sum up, those who release dangerous substances without causing 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 or death to others 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.
Legal basis:
Article 1 14 of the Criminal Code of People's Republic of China (PRC).
Arson crime; Crime of cutting off water; Crime of explosion; Crime of throwing dangerous substances; The crime of endangering public security by dangerous means (accomplished) is to set fire, break water, explode, throw toxic, radioactive, infectious disease pathogens and other substances, or endanger public security by other dangerous means, but it has not caused serious consequences, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.