Chapter 88 An invisible knife that kills without blood(1/2)
Shen Dao listened to the whole story.
He turned his attention to the takeaway on the table.
The takeout box has been opened, and there is a mouthful of thick phlegm mixed with a few pieces of chicken inside the braised chicken rice.
If you don't look carefully, you really can't tell the difference.
only……
Shen Dao pointed at the takeaway and couldn't help but say: "What this takeaway boy did is indeed a bit disgusting and lacks quality, but... it shouldn't have anything to do with poisoning, right?"
in our country.
There is indeed a crime of poisoning, which refers to the act of putting poisonous and other substances to endanger the lives and property of others.
But this news reported by Qin Mu...
No matter how he looked at it, it could only be regarded as a civil dispute and could not be linked to criminal charges such as poisoning.
"Strictly speaking, if the other party spits in your takeaway, it is an act of contaminating other people's food and damaging other people's property. You can be educated, compensate for the corresponding losses, and implement civil compensation of less than 2,000 yuan."
The reason why the other party dares to do this kind of behavior...
I guess I think spitting is no big deal. At most, I will be compensated for a takeout that costs more than ten yuan.
However……
Qin Mu shook his head and said very seriously: "Captain Shen, this is not a simple act of contaminating food. The other party has actually constituted the crime of poisoning. To be precise, it is the crime of releasing dangerous substances."
Shen Dao was stunned.
After so many years in this industry, this was the first time he heard that spitting could constitute a crime of poisoning.
"The crime of releasing dangerous substances is stipulated in Article 114 of my country's Criminal Law, which refers to the intentional release of toxic, corrosive, radioactive, infectious pathogens and other substances or other behaviors that endanger public safety."
In front of Shen Dao and several other police officers, Qin Mu recited his law.
Verbatim.
After hearing this, Shen Dao nodded thoughtfully.
Although he couldn't remember it clearly, he still understood the general meaning of this criminal law.
There are two constituent elements. One is the act of poisoning, and the substances injected need to be toxic and dangerous substances.
The second one is endangering public safety.
Both conditions are indispensable.
If it only endangers public safety, it is a crime of endangering public safety by dangerous means.
If it is only poisoning, it is pure intentional homicide.
The other person just spat.
It's impossible...
Can it really constitute a crime of poisoning?
While he was thinking and analyzing.
Qin Mu continued: "Captain Shen, I seriously suspect that there are infectious pathogens in the other party's sputum. I want to apply for a chemical test on his sputum!"
Shen Dao was stunned for a moment and suddenly came to his senses.
This crime includes infectious disease pathogenic substances!
Simply put.
If the other party is a tuberculosis patient or a hepatitis B patient, spreading it in this way is indeed considered a crime of poisoning.
In previous judicial practice, several cases of this kind of behavior of retaliating against society have been sentenced.
but……
He raised his head and glanced at Qin Mu doubtfully.
I couldn't help but ask: "How do you know there are infectious pathogens in his sputum?"
Generally speaking.
Although there are a large number of bacteria and germs in the sputum of normal people, there are no infectious pathogens!
Qin Mu smiled slightly.
Explained: "When he was delivering food yesterday, I saw that his nose kept running and he had a lot of tears and runny nose when he cried. He most likely has a cold."
Shen Dao finished listening.
Both of his eyes almost popped out of his head, his face full of disbelief.
cold!
This kind of thing is indeed contagious.
Strictly speaking, it is completely considered an infectious pathogen!
If infectious pathogens are detected from this sputum...
The other party did constitute the first element of the crime of poisoning.
He was silent for a long time and stroked it carefully.
He shook his head again: "But... you ate the takeaway by yourself, and the other party was retaliating against you at best. It did not endanger public safety, but it still does not constitute the crime of poisoning."
"Who said I ate it myself?"
Shen Dao was stunned again.
Then he saw Qin Mu saying with an innocent face: "I have ordered this braised chicken, and I am going to share it with Lao Zhang and others in the nursing home. There are more than a dozen people."
"Fortunately, I discovered the phlegm in advance. If I hadn't discovered it, if Lao Zhang and the others had caught a cold at their age... wouldn't they have just passed away?"
"Captain Shen, the other party's behavior completely constitutes the crime of poisoning. It is extremely bad. Please punish him severely!"
Listen to Qin Mu's "explanation".
The corners of Shen Dao's mouth twitched and he couldn't help but glance at the braised chicken and rice served for one person on the table.
Just give it to more than ten people...
I'm afraid it's not even enough to fill the gaps between teeth.
but……
This expanded explanation of the crime of poisoning explains in detail the definition of endangering public safety.
No matter what Qin Mu said is far-fetched, as long as his poisoning behavior has the possibility of endangering public safety and endangering many people, it can constitute the crime of poisoning.
Later.
He took a deep breath.
After reorganizing his thoughts, he nodded and said: "If you go by what you said, the other party is indeed suspected of poisoning."
Both requirements are met.
The other party's behavior was also intentional and completely constituted the crime of releasing dangerous substances.
And this crime...
Like the crime of endangering public safety by dangerous means, it is a behavioral crime.
That is to say, as long as this behavior exists, regardless of whether there are consequences or not, even if Qin Mu does not eat a bite, the other party will be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years!
If there are serious consequences...
For example, if everyone in a nursing home catches a cold, it will be more than ten years, and the maximum penalty is death!
Although it sounds outrageous, this is what the criminal law stipulates!
An act of spitting…
Qin Mu's explanation directly escalated to the criminal offense of poisoning!
"But what is the specific situation? We still have to take the takeaway back for testing, and we will let you know when the results are available."
After understanding the situation.
Shen Dao waved his hand and motioned to the police behind him to pack up the "evidence".
Then he prepared to go back to the police station.
"Wait a minute, Captain Shen, this is not over yet."
Qin Mu saw this.
He quickly stopped him and said, "I just mentioned the first one, I still have a few more to report."
The corners of Shen Dao's mouth twitched.
Looking at Qin Mu, he was quite speechless: "How many more...are there?"
This is a takeaway...
To be continued...