Crime of Environmental Pollution in Criminal Cases

2022-05-18 0 By

Article 338 of the Criminal Law of the People’s Republic of China stipulates that whoever, in violation of State regulations, discharges, dumps or disposes of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances, thus seriously polluting the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined;If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined;(1) discharge, dump or dispose of radioactive waste, waste containing the pathogen of infectious diseases or toxic substances in the key protection areas designated according to law such as the protection areas for drinking water sources or the core protection areas of nature protection areas, if the circumstances are especially serious;(2) discharging, dumping or disposing of radioactive waste, waste containing the pathogen of infectious diseases or toxic substances into the waters of major rivers or lakes designated by the State, if the circumstances are especially serious;(3) causing the loss or permanent damage to the basic functions of a large number of permanent basic farmland;(4) causing serious injury or disease to a number of persons, or serious disability or death.Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions on relatively heavier punishment.In October 2020, the defendant Ma Jun in Heishan County raw grain warehouse for illegal refining oil.Ma hired workers to heat the waste oil bags in an iron tank. After the oil melted from the waste oil bags, the bags were pulled out of the iron tank to obtain the oil.On November 5, 2020, The Heishan County ** Bureau seized 29,860 kg of oil waste in the warehouse of raw grain in Banmen Town.It was identified that the solid waste with oil involved was hazardous waste.On July 5, 2021, the defendant Ma Jun to the Public Security Bureau of Heishan County, to the case truthfully confessed the facts of the crime, voluntary confession.The court believed that the defendant Ma Jun in the absence of hazardous waste business license, for the purpose of profit, from waste oil bags to extract material as fuel, illegal disposal of hazardous waste, serious environmental pollution, has constituted the crime of environmental pollution.The charges charged by the public prosecution were established and supported by the court in accordance with the law.The defendant Ma Gave himself up voluntarily and truthfully confessed his crime to the case, which is a voluntary surrender and can be given a lighter or mitigated punishment according to law.The defendant Ma Mou jun voluntarily confessed, has signed a letter, according to law can be lenient.If the defendant voluntarily pays the fine, he may be given a lighter punishment as appropriate.Considering comprehensively the criminal plot, nature and degree of harm to the society of the defendant Ma Jun, and combining with the investigation and evaluation opinions of the community correction organ on the defendant, the public prosecution organ’s sentencing proposal for the defendant is appropriate, and the court adopted it.In conclusion, in accordance with the law of the People’s Republic of China criminal law “article three hundred and thirty-eight, article 52, paragraph 1 of article sixty-seven, the Supreme People’s Court, the Supreme People’s Procuratorate on some issues to deal with pollution of the environment criminal case applicable law the explanation of” the first (2) of article 1 and article 16, the criminal procedure law of the People’s Republic of China the provisions of article 15, judgment is as follows:The defendant Ma Mou jun committed environmental pollution crime, sentenced to 10 months in prison, and a fine of 20,000 yuan.The term of imprisonment shall be counted from the date the judgment is executed.If a person is held in custody before the execution of the judgment, one day in custody shall be credited as one day of the sentence, which shall start from January 26, 2022 to November 25, 2022.The fine was filed with the court.Discharge, dump or dispose of radioactive wastes, wastes containing pathogen of infectious diseases or toxic substances in the first-grade protection areas for drinking water sources or the core areas of the nature protection areas;(2) illegally discharging, dumping or treating more than 3 tons of hazardous waste;(3) discharging, dumping or disposing of pollutants containing lead, mercury, cadmium, chromium, arsenic, thallium or antimony that exceed three times the national or local standards for the discharge of pollutants;(4) discharging, dumping or disposing of pollutants containing nickel, copper, zinc, silver, vanadium, manganese and cobalt that exceed by more than 10 times the national or local standards for the discharge of pollutants;(5) discharging, dumping or disposing of radioactive waste, waste containing the pathogen of infectious diseases or toxic substances by means of evading supervision, such as hidden pipes, seepage Wells, seepage pits, crevasses, karst caves or perfusion;(6) having been given administrative punishment twice or more within two years for discharging, dumping or disposing radioactive waste, waste containing infectious disease pathogens or toxic substances in violation of State regulations, and having committed front-line acts;(7) where a key pollutant discharging unit falsifies or forges automatic monitoring data or interferes with automatic monitoring facilities, thereby discharging pollutants such as chemical oxygen demand, ammonia nitrogen, sulfur dioxide and nitrogen oxides;(8) illegally reducing the operating expenses of pollution prevention and control facilities by more than one million yuan;(9) illegal gains or causing losses of more than 300,000 yuan to public or private property;(10) causing serious damage to the ecological environment;(11) causing interruption of drawing water from centralized drinking water sources at or above townships for more than 12 hours;(12) causing loss of or permanent damage to the basic functions of more than 5 mu of basic farmland, shelter forest land and forest land for special purposes, 10 mu of other agricultural land and 20 mu of other land;(13) causing the death of more than 50 cubic meters of forest or other trees, or more than 2,500 young trees;(14) causing evacuation or transfer of more than 5,000 people;(15) causing poisoning to more than 30 persons;(16) causing minor injury to more than three persons, minor disability or organ or tissue injury leading to general dysfunction;(17) causing serious injury or moderate disability to more than one person or organ or tissue injury leading to serious dysfunction;(18) other circumstances of serious environmental pollution.That is, when the above situation exists, the public security organ can file a case for investigation and investigate the criminal responsibility of the polluter.(The full text, thank you for your patience)