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Source: Procuratorate Daily
On February 20, the Supreme People's Procuratorate, together with the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Ecology and Environment, promulgated the "Summary of the Symposium on Handling Criminal Cases Related to Environmental Pollution" (hereinafter referred to as "Minutes"). The "Minutes" answered 15 issues such as the identification of environmental pollution unit crimes, and stressed that it is necessary to resolutely implement the major decisions of the Party Central Committee to promote the development of the Yangtze River Economic Belt, and provide a strong judicial system for the Yangtze River Economic Belt to jointly protect and not develop. Guarantee. In practice, the following environmental pollution crimes that occur in the eleven provinces (municipalities directly under the Central Government) of the Yangtze River Economic Belt can be severely punished: (1) Disposal, dumping, disposal of radioactive waste, wastes containing infectious disease pathogens across provinces (municipalities) (2) Emissions, dumping, disposal of radioactive waste, wastes containing infectious disease pathogens, toxic substances, or important rivers, lakes or other rivers and lakes identified by the state (including municipalities) Other harmful substances.
On the same day, the "Procuratorate Daily" published the news of the "9•5" Yangtze River pollution environment case, which was one of the major cases of the Yangtze River Basin series of polluted environmental cases, which was supervised by the Supreme People's Congress alone or jointly with other ministries and commissions. In the case, the company will discharge the waste liquid from the production of pesticides through pipelines to the river directly connected to the Yangtze River, causing serious environmental pollution. What is the result of the penalty, the basis for the penalty, and the trial process? Please look down.
Recently, the procuratorate of Taizhou Pharmaceutical High-tech Industrial Development Zone of Jiangsu Province filed a public prosecution, and the court sentenced the defendant unit Nantong Tianze Chemical Co., Ltd. (hereinafter referred to as Tianze Chemical) to a fine of 14 million, and withdrew 13.34 million illegal proceeds. The defendant Tian Zhe Chemical Vice Chairman Tan Zuming was sentenced to four years in prison and fined 150,000 yuan. The defendants, including Qian Junming, Zhou Shuping, Yang Fan, Xu Caichao and Zhang Liangxing, were sentenced to five years to one year in prison. Probation shall be applied, and activities related to sewage discharge shall be prohibited within the test period, and the penalty shall be 120,000 to 50,000 respectively.
The court found that since April 2016, Tianze Chemical produced the pesticide intermediate oxadiazine, and the waste liquid generated was temporarily stored in the factory. In February 2017, the big pool was almost full. In order not to affect production, Tan Zuming arranged deputy general manager Qian Junming, environmental protection minister Zhou Shuping, deputy minister Yang Fan and others to install pipelines privately, and put the east and west pools through the rainwater public wells at the junction with Rugao and Jingjiang. The boundary river is connected. Under the instigation of Tan Zuming, Qian Junming repeatedly arranged Zhou Shuping, Yang Fan and employees Xu Caichao, Zhang Liangxing and others to discharge the waste liquid through the pipeline to the Jingjing River directly connected to the Yangtze River. Because the waste liquid is directly discharged into the river, it will cause the water body to turn red. Tan Zuming instructed Zhou Shuping to sneak out in the rain, and use the rain to dilute the waste liquid, which is easy to hide people's eyes and ears. Due to the concealment of the modus operandi, the Jingjiang Environmental Protection Bureau detected the pollution of the river channel and conducted a comprehensive investigation of the coastal enterprises to discover the criminal facts of the company’s secret pipe smuggling, and transferred the clues to the Jingjiang Municipal Public Security Bureau on September 5, the public security bureau’s day. Filing a case for investigation. It has been determined that the company has discharged more than 2,650 tons of waste liquid, which is classified as hazardous waste.
Jingjiang City Procuratorate intervened in this case in advance and found that Tianze Chemical was suspected of unit crime and was not investigated. Tan Zuming may be sentenced to more than one year in prison and has social dangers to be arrested according to law. He urged the public security machine on April 25, 2018. On the 26th and 26th, respectively, Tianze Chemical was investigated and filed, and Tan Zuming was requested to approve the arrest. On May 7, the arrest decision was made. On July 5, according to the regulations on the centralized jurisdiction of environmental crimes in Taizhou City, the case was transferred to the Procuratorate of Taizhou Medical High-tech Zone for review and prosecution. On October 27, the court filed a public prosecution against Tianze Chemical and Tan Zuming for the crime of environmental pollution.
On January 16, 2019, the case was heard in the High-tech Zone Court. In court, the procuratorate believes that Tan Zuming is the proponent, organizer, and leader of the crime in this case. The consequences of the crime are particularly serious, and the society is extremely harmful. It should be severely punished according to all the crimes it organizes. In view of the fact that the defendant unit Tianze Chemical actively compensated for environmental restoration costs and excavated river water and river bed sludge for harmless treatment, the defendant had a good attitude toward confession and repentance. From the perspective of lenient and strict protection of the private economy, the production and management of the private economy can be responsible for the production of the enterprise. Ren Qianjun and technical backbones Zhou Shuping and Yang Fan have been treated extensively, but they should be prohibited from engaging in activities related to sewage discharge, and further regulate the company's waste disposal process. The courts adopted the opinions of the procuratorate.
The defendant unit Tianze Chemical and the defendant Tan Zuming and others all said that they would not accept the appeal. It is reported that Tianze Chemical is actively cooperating with relevant departments to continue the environmental restoration work and comprehensively rectify the production waste liquid disposal process.
Editor in charge: Ge Hongyan
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