Nature Determination Of The Behavior Of Non-perpetrators To Lay The Injured Aside To Die

In the behavior of non-perpetrators to lay the injured aside to die,“non-perpetrators” are those injured in traffic accidents other than traffic perpetrators,however, those people of themselves being laid aside shall be excluded, as well asthose who may constitute a joint crime with the traffic perpetrators.“Laying aside”shall be understood from the manners, objects and consequences of it. The manners oflaying aside mainly contain displacement and disposition; the objects shall be thosewho are injured with an urgent danger, and will die if not treated in time or not treatedfor a long time, while those who are dead before being laid aside shall be excluded;the consequence is that the injured are exposed in a certain danger and the death iscaused thereby. Based on the places of laying aside, the behaviors of perpetrators tolay the injured aside to die can be divided into two types of laying aside in the“exclusive place” and “non-exclusive place”.For determining the nature of “the behavior of non-perpetrators to lay the injuredaside to die”, the theory holds different views, mainly including these views ofinnocence, abandonment crime, conviction as the case, etc. The view of innocence isbased on that the non-perpetrators have no obligations to prevent the death results ofthe injured from happening, so as to regard that the non-perpetrators cannot constitutea crime while laying the injured aside to die. The view of abandonment crime believesthat the non-perpetrators have the same obligation to rescue the injured, and they willconstitute a crime of abandonment in case of causing the death of the injured whenthey can but not give salvation. The view of conviction as the case divides thebehaviors of the third party to displace the injured into different situations, and theywill be treated as intentional homicide, crime of negligent homicide and innocencerespectively.To determine the nature of the behavior of non-perpetrators to lay the injuredaside to die correctly first needs some theoretical issues probably involved, such asthe distinction between the non-action crime, intent and negligence with undueassumption, and causality in criminal law. The behavior of non-perpetrators to lay theinjured aside to die is within the scope of non-action crime, and their duties of actionderive from the previous action of “laying aside”; that the perpetrators lay the injuredaside may be the result of intent on the subjective state of mind or the negligence withundue assumption; admittedly, there exists causality in criminal law between the laying aside of the perpetrators and happening of the death results of the injured. Forthe case of non-perpetrators laying the injured in the “exclusive place”, it shall berecognized as the intentional homicide; for the case of non-perpetrators laying theinjured in the “non-exclusive place”, it shall be recognized as the crime of negligenthomicide.