两高一部明确“偷井盖”可构成故意杀人罪

针对近年来时有发生的窨井“吃人、伤人”事件，最高人民法院、最高人民检察院、公安部日前联合下发意见，就办理涉窨井盖相关刑事案件作出系统规定，依法惩治涉窨井盖犯罪。

A community worker shows a smart manhole lid which can send alert to staff members via sensors when being moved from its place, in Hangzhou, Zhejiang province, on Oct 23, 2019. [Photo/Xinhua]

The guideline comprises 12 articles, including punishments of ordinary criminal crimes such as theft and destruction of manhole covers as well as crimes of dereliction of duty related to manhole covers.

该指导意见共有12条，包括盗窃、破坏窨井盖等普通刑事犯罪以及与窨井盖相关的渎职犯罪。

针对第一类犯罪行为，意见规定：

People who steal or damage manhole covers and cause serious consequences, such as people falling in or vehicles overturning, will be deemed as having committed the crime of sabotaging a means of transport, transportation facilities in accordance with the Chinese Criminal Law.

盗窃、破坏窨井盖，造成行人跌落或车辆倾覆等严重后果的，依照刑法的规定，以破坏交通设施罪定罪处罚。

If someone steals or damages manhole covers in crowded places, such as stations, ports, parks, squares, schools or business zones, and the action leads to serious injuries or deaths, he or she may be charged with endangering public safety by dangerous means, the guideline said.

盗窃、破坏车站、港口、公园、广场、学校或商业区等人员聚集场所的窨井盖，致人受伤或者死亡的，依照刑法的规定，以以危险方法危害公共安全罪定罪处罚。

In addition, anyone who deliberately removes or destroys manhole covers despite knowing that the action may cause serious harm to others may be charged with intentional homicide or intentional injury if someone is killed or hurt, the guideline said.

明知会造成人员伤亡后果而实施盗窃、破坏行为，致人受伤或者死亡的，依照刑法的规定，分别以故意伤害罪、故意杀人罪定罪处罚。

针对第二类犯罪行为，意见规定：

Those working in state organs who fail to do their job or abuse their power when engaged in manhole cover procurement, construction, acceptance checks, use and inspection, causing heavy losses to public money or property or the interests of the state and the people, will be punished in accordance with the standards for the crimes of dereliction of duty and abuse of power, said the guideline.

在窨井盖采购、施工、验收、使用、检查过程中负有职责的国家机关工作人员玩忽职守或者滥用职权，致使公共财产、国家和人民利益遭受重大损失的，依照刑法规定，分别以玩忽职守罪、滥用职权罪定罪处罚。