1. Intentionally forging health codes is suspected of committing the crime of endangering public safety by dangerous means. Sentencing is:
(1) Whoever endangers public places by dangerous means, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
(2) Whoever causes serious injury, death or heavy losses to public or private property by dangerous means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
2. Legal basis: Article 114th of the Criminal Law of People's Republic of China (PRC).
Crimes of arson, breaking water, explosion, throwing dangerous substances, arson, breaking water, explosion and throwing poisonous, radioactive, infectious disease pathogens and other substances in a dangerous way, or endangering public safety in other dangerous ways, which have not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115
The crimes of arson, breaking water, explosion, throwing dangerous substances, arson, breaking water and explosion, and throwing poisonous, radioactive and infectious disease pathogens in dangerous ways, or causing serious injuries, deaths or heavy losses to public and private property by other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
The crimes of refusing to explode, negligent water inrush, negligent explosion, negligent delivery of dangerous substances, endangering public security by dangerous means, and negligent crimes 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.
2. What are the constitutive elements of the crime of throwing dangerous substances?
1, criminal object. The object is public safety, that is, the life and health of the unspecified majority or the safety of major public and private property;
2. The objective aspect of crime. The actor commits the act of putting toxic, radioactive, infectious disease pathogens and other substances to endanger public safety. The crime of throwing dangerous substances is a dangerous crime, and its establishment does not need the actual result of poisoning by an unspecified majority or serious damage to public or private property. As long as the behavior of the perpetrator is enough to endanger public safety, there is a danger of endangering public safety.
3. Subject of crime. The subject is a general subject. Anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility has become the subject of the crime of throwing dangerous substances. A person who has reached the age of 14 and is under the age of 16 commits the crime of poisoning and endangers public safety, and shall bear criminal responsibility;
4. Subjective aspects of crime. Subjectively, it is intentional. The so-called intention means that the actor knows that his poisoning behavior endangers the public safety and may cause unspecified casualties or a large number of losses of public and private property, but hopes or lets this result happen.