. However, if the animal owner intentionally and premeditatedly releases the dog to hurt people subjectively and concretely, it is possible that the civil liability will be elevated to criminal liability. Just like Wei in this case, he not only did n...
However, if the animal owner intentionally and premeditatedly releases the dog to hurt people subjectively and concretely, it is possible that the civil liability will be elevated to criminal liability.
Just like Wei in this case, he not only did not stop his pet dog from disturbing pedestrians, but also directly commanded the dog to bite people. This was obviously a malicious release of the dog to injure people, and it was suspected of intentional injury. Whether it constituted the crime of intentional injury depends on the results of Ms. Li's injury examination.
The crime of intentional injury
refers to the behavior in which the perpetrator intentionally and illegally harms the physical health of others, and the degree of injury reaches more than minor injury.
Judging from this case, on the surface, it is a case of raising animals that cause harm to people, but in fact the nature is completely different. When Wei ordered the dog to bite Ms. Li, the nature of the dog also changed.
The sentencing standard for the crime of intentional injury:
Those who are slightly injured and the circumstances are relatively minor may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; if they cause serious injury or death, they may be sentenced to life imprisonment or death.
So if Ms. Li’s injuries are diagnosed as minor, Wei will face at least 2 to 3 years of fixed-term imprisonment, criminal detention or control punishment, plus civil compensation.
If the injury is less than minor injury, it does not constitute the crime of intentional injury, and this penalty clause does not apply.
However, according to Article 43 of the "Public Security Administration Punishment Law": Anyone who intentionally harms the body of others shall be detained for 5-10 days and fined 200-500 yuan. If the circumstances are relatively minor, he shall be detained for not more than 5 days or fined not more than 500 yuan.
At the same time, Ms. Li needs to be compensated for her economic losses.
It is true that "when the sky is crazy, there will be rain, and when there is madness, there will be disaster." Everyone's arrogance and ignorance will not bring them any benefits, but will only put themselves at risk of being imprisoned. Keeping a dog is indeed the freedom of the dog owner, but you can never trample on the rights of others for the sake of your own freedom. Rights and obligations are a community. You can enjoy the right to keep a dog, but you should also fulfill the obligation to avoid disturbing others.
