不报、谎报安全事故罪的教义学及实务分析

Doctrinal and Practical Analysis of the Crime of Not Reporting or Falsely Reporting Safety Accidents

  • 摘要: 实务中不报、谎报安全事故罪的适用存在严重的说理薄弱问题,集中表现于因果关系及共犯的认定之上。若事故后果不可能再扩大或事故已被及时有效抢救,则应否定不报谎报行为与贻误事故抢救之间的因果关系。负有报告职责的人员已经向单位负责人及时如实地报告了事故,但又与其他负有报告职责的人员串通不报或谎报安全事故时,是该罪的无身份共犯。着眼于行为人对其不报或谎报行为导致贻误事故抢救的结果所持的心理态度,该罪的罪过形式只能是故意。

     

    Abstract: In practice, the application of the crime of not reporting or falsely reporting safety accidents has serious weak reasoning problems, which are concentrated on the determination of causality and accomplice. If the accident consequence cannot be expanded or the accident has been timely and effective rescued, there is no causal relationship between the failure to report or report falsely and the delayed accident rescue. If the person responsible for reporting has timely and truthfully reported the accident to the head of the unit and then he fails to report or report falsely a security accident in collusion with other persons who have reporting responsibilities, he should be identified as the crime of no identity accomplice. Focusing on the actor's psychological attitude towards the result of delaying the rescue of the accident caused by his failure or false report, the form of the crime can only be intentional.

     

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