Source: Supreme People's Procuratorate
What is the definition of environmental pollution crime?
How to determine the subjective fault?
What is the appropriate compensation standard for ecological environmental damage?
Under what circumstances can you be severely punished?
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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 Eco-Environment, held a press conference on the theme of "Swords Environmental Crimes, Protecting the Blue Sky and Clear Water", and officially announced to the outside world that "therefore" Minutes of the Symposium on Issues Related to Criminal Cases of Environmental Pollution (hereinafter referred to as "Minutes").
This is the first time that the "two highs and three departments" have jointly issued special documents on issues related to criminal cases of environmental pollution. The Minutes is divided into three parts, a total of 15 articles. It aims to solve the new problems and new problems encountered in handling criminal cases of environmental pollution, to apply the law in a unified manner, to guide the judicial handling of cases, to promote the effective connection between administrative law enforcement and criminal justice, and to answer environmental pollution units. 15 issues such as criminal identification.
Regarding the identification of unit crimes, the “Minutes†clarify the specific circumstances of environmental pollution unit crimes, and distinguish “direct responsible personnel†and “other directly responsible personnelâ€. Focus on combating funders, operators and major profit-seekers.
Regarding the determination of attempted crimes, the Minutes clearly stipulates that the perpetrators have already begun to illegally discharge, dump, and dispose of toxic and harmful pollutants, and may be polluted by the environment because of investigations or other reasons other than the will. (Unsuccessful) pursue criminal responsibility.
Regarding the determination of subjective faults, the "Minutes" is clear, and should be based on the evidence of the suspects, defendants' employment status, professional experience, professional background, training experience, and types of pollutants, pollution methods, and capital flows.
Regarding the identification of ecological environmental damage standards, the “Minutes†clearly states that in the trial stage of the ecological environmental damage compensation system, all provinces (autonomous regions and municipalities directly under the Central Government) can accurately determine the ecological environmental damage standards according to the specific conditions of the case.
Regarding the application of the crime of illegal business operation, the "Minutes" requires adhering to the principle of substantive judgment and the principle of comprehensive judgment. The entire chain, the whole link, and the whole process will criminally attack the industrial chain of illegal discharge, dumping, disposal, and operation of hazardous waste, and investigate the crime. The network, deepen the source of crime, and break the chain of interest.
Regarding the application of the crime of placing dangerous substances, the Minutes clearly stipulates that if the perpetrator knows that the pollutants discharged, dumped, and disposed of contain dangerous substances, the environmental pollution behavior is still allowed to jeopardize public safety, causing serious consequences and environmental pollution. If it is obviously not enough to punish him for his crimes, he may be convicted and sentenced according to the crime of placing dangerous substances.
Regarding the handling of air pollution-related environmental behaviors, the "Minutes" clearly stipulates that during the early warning period of heavy pollution, in violation of national regulations, excessive emission of sulfur dioxide and nitrogen oxides, and the implementation of the above acts or other serious circumstances after administrative punishment, according to law Be held criminally responsible.
Regarding the identification of illegal discharge, dumping, and disposal, the Minutes are clear, and should be in accordance with the spirit of the relevant provisions of the law and judicial interpretation, whether their behavior violates state regulations or industry operating regulations, whether pollutants are in contact with the external environment, Comprehensive analysis and judgment on the dangers or hazards of environmental pollution.
Regarding the identification of hazardous substances, the "Minutes" clearly stipulates that the principle of subjective and objective consistency should be adhered to, and comprehensive analysis and judgment should be made from the subjective malignantness of the perpetrator, the severity of the pollution behavior, and the danger of hazardous substances, and accurately identify illegal emissions. The social harm of dumping and disposing of other harmful substances.
Regarding the determination of the severe punishment situation, the "Minutes" stipulates that the environmental pollution crimes of the eleven provinces (municipalities directly under the central government) in the Yangtze River Economic Belt can be severely punished.
In addition, the "Minutes" also clarified the application of non-prosecution, probation, exemption from criminal punishment, jurisdictional issues of cross-regional environmental pollution cases, identification of hazardous waste, handling of judicial identification issues in environmental pollution criminal cases and monitoring Evidence qualifications for data.
A typical case of handling criminal cases of environmental pollution was also released at the press conference. Relevant responsible persons from the Supreme People's Congress, the Supreme People's Law, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Ecology and Environment answered questions from reporters.
Editor in charge: Ge Hongyan
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