Shanghai white-collar female dissatisfied with the landlord’s many times entering the house without permission

Not long ago, a fire broke out in a rental house in Shanghai. As for the cause of the fire, we can only say that we have never heard of it

The common fire in the homes of residents is usually caused by improper use of electricity.

But not long ago, a fire broke out in a rental house in Shanghai. The cause of the fire was actually the fire that the tenant himself lit. As for the cause of the fire, we can only say that we have never heard of it

Hu, who was born in 1996 and graduated from University for more than a year, worked as a product planner in a group company in Shanghai and rented the 29 / F rental room in a residential area of Longwu Road in Shanghai. Because the landlord entered the room for inspection without permission, there had been conflicts with her before.On the night of December 3, 2019, Hu came home from work and found that the landlord had entered her room again, so he called the other party to make a theory.

Hu believes that this week the landlord has entered the room twice without his consent, making the room very dirty, and cannot get a positive answer to her theory. So he called 110 to call the police to mediate.

At that time, the operator explained to Hu that the presence of police mediation requires the presence of both landlords and tenants. And Hu listened to this, immediately and the operator said: I point to the fire, the police are willing to mediate?

With that said, Hu took the lighter he carried with him and ignited the single corner around the health area in the hall. Because the sheets were made of cotton, the fire started immediately.

And here, seeing the fire, Hu was afraid, and immediately called out all the co renters. Two co renters immediately watered out the burning sheets with water.

After the fire department arrived, the scene of the fire was investigated, and the police summoned Hu to the police station for investigation.

When Hu arrived, she was asked if she had thought about the consequences of arson. “I didn’t think about the consequences at that time,” she said. “I just had a whim when I was talking to 110. I wanted to put a fire on, so the police could come to the scene to help me solve the problem.”

After Hu ignited the sheet, it was immediately put out by the joint tenants, with no serious consequences. Is her behavior a crime of arson?The prosecutor said:

The crime of arson stipulated in Article 114 of the criminal law is a dangerous crime rather than a consequential one, and does not require the serious consequences of the fire (if the consequences of the fire and other serious damages are caused, the crime shall be convicted and sentenced in accordance with the provisions of Article 115 of the criminal law with a fixed-term imprisonment of more than 10 years). In this case, Hu ignited the sheets in a group rental house of a high-rise residential building. The curtains transformed from sheets have been burned independently and quickly to the ceiling. There are a large number of inflammable materials such as wood boards stacked near the curtains. If other tenants fail to put out the fire in time, they are likely to ignite other materials and make a fire house. Her behavior has put the personal and property safety of the tenants and the whole building in danger, which is enough to endanger the public safety.

Although Hu’s motivation is to force the landlord to solve the problem by setting fire because of the long-term conflict that can’t be solved, and there is no motivation for revenge and anger, such as setting fire to the landlord’s property, etc., but from the subjective and intentional analysis of criminal law, Hu knows that setting fire to light the curtain may cause harm to the safety of his personal property in danger, and still carries out the act of setting fire The intent to set fire. Therefore, Hu’s act has violated the provisions of Article 114 of the criminal law of the people’s Republic of China and is suspected of arson (accomplished).

Recently, after Xuhui District People’s Procuratorate initiated a public prosecution, Hu, the suspect, was sentenced to two years’ imprisonment by Xuhui District People’s court for the crime of arson.

A great future, ruined by a whim

This lesson is too profound