Basic facts

Gao kept three large fiery dogs in a sheep farm near the head of a village. Although he repeatedly fell over and

bit others during the breeding, Gao did not take any protective measures to avoid the recurrence of similar 

incidents. One day, while Ma was passing by the gate of Gao's sheep farm, a wolfdog kept by Gao suddenly 

escaped from the bottom of the cage and bit Ma on the neck and face, causing Ma to die at the scene. 

Following on-site investigation, the dog cage was placed on earthy ground, with no iron fence blocked at the 

bottom. The gap between the cage and the ground was large, which allowed the dog to escape easily. There 

was also no wire fence at the top of the cage, and only a simple cover with building materials. It was also found

that after the crime, the relative of Gao paid a certain amount of financial loss to the relatives of Ma.

The court heard

The court heard that the three large fiery dogs kept by the defendant, Gao, were very aggressive. Although the

dogs in question were in a cage, there was a large gap between the bottom of the cage and the ground. The 

dogs could easily escape from the cage, which was easily in danger of injuring people. Before the crime, the

fiery dogs kept by Gao had repeatedly struck and bitten passersby. Gao, as a normal adult, should have

foreseen the real danger that large fiery dogs could kill someone if they were not supervised. Based on the 

past experience of dogs who only fell and bitten others to lose money, we thought that it was a minor incident 

that did not attract enough attention, and that negligence caused the death of Mao, which is a fault in the 

sense of criminal law. There is a cause and effect relationship between Gao's negligence and Ma's death. 

Gao's argument that "Mr. Ma was killed by a dog and had nothing to do with it" cannot be supported. Based

on the facts of the crime committed by defendant Gao, the nature of the crime, the circumstances of the crime

and the degree of harm to society, it was decided in accordance with the law: defendant Gao was guilty of 

causing death by negligence and sentenced to six years and six months in prison.

The judge said

Citizens have the freedom to keep dogs, but they should also take into account social morality and avoid noise

that disturbs people, pollutes the environment, or even causes shock or injury. Adopting dogs in a civilized

manner is both a social responsibility and a legal obligation. If the breeding of dogs causes harm to others, the

breeder or manager is liable for civil tort. People who walk a dog without a rope or allow a dog to intimidate

others may face administrative penalties such as a warning, a fine, and a detention. Those who intentionally

or negligently cause death or injury may even face criminal prosecution. We call on the vast number of dog 

lovers to balance the freedom of their dogs with the public interest and jointly safeguard a harmonious human

settlement environment.

Legal links

Criminal Law of the People's Republic of China:

Article 303 A person whose negligence causes death shall be sentenced to imprisonment for a term of three to

seven years. In less serious cases, the penalty is up to three years' imprisonment. This Act provides otherwise, and accordingly.

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