Source: Rule of Law Daily
Original title: Reasonable use of procuratorial supervision to prevent accidents and ensure safety
Rule of Law Daily reporter Xu Peng
In order to further promote the supervision of production safety and the management of production safety litigation sources, and build a strong "protective network" for production safety, Qinghai Province The People's Procuratorate of Ledu District, Dongshi City recently held a warning education conference in the field of production safety and held a press conference on typical cases in the field of production safety. The four cases released by
this time cover the field of production safety in Ledu District, traffic safety, fire safety and other common case types. As a third-party force, the procuratorial organs effectively promote all relevant entities to strictly abide by production standards and procedures, and achieve good results in promoting the supervision of similar cases through individual case handling and promoting comprehensive social governance. According to reports, since 2020, the Ledu District Procuratorate has accepted, reviewed and prosecuted 64 criminal cases involving 73 people endangering production safety, and has prosecuted 59 cases involving 65 people in accordance with the law. 18 procuratorial recommendations were issued, 8 consultations were held, and relevant functional units were urged to rectify 18 issues.
Comics/Gao Yue
Illegal operations create hidden dangers
Recovery and leniency
A mining company in Ledu District, Haidong City (hereinafter referred to as a mining company) has applied for a quartzite mining license, and the approved mining rights area is 0.0321 square meters kilometer.
From 2018 to 2021, a mining company failed to follow the principle of "mining while managing" during the mining process, failed to fulfill its obligations of mine geological environment management and restoration, and carried out mining beyond the scope of the approved mining area, resulting in changes in the local mountain topography and the destruction of a large amount of vegetation. , forming unstable slopes, creating hidden dangers of geological disasters, and seriously damaging mineral resources and the local ecological environment.
On August 26, 2020, the administrative authority ordered a mining company to suspend operations and restore the mining geological and ecological environment. However, a mining company failed to proceed as planned. Since then, the Ledou District Natural Resources and Forestry Grassland Bureau entrusted a third party to formulate a geological environment management and restoration plan for a mining company's mining area, conduct price reviews and invite bids. The winning bidder carried out governance and restoration and passed the fourth-level acceptance, with a total governance and restoration cost of more than 3.37 million. Yuan, a mining company has paid 1 million yuan, and the remaining 2.37 million yuan has not been paid.
The People's Procuratorate of Ledu District discovered that the illegal mining behavior of a mining company and its leaders Liu Moumou and Dong Moumou harmed social and public interests, so it transferred the clues to the Public Interest Litigation Procuratorial Department.
On March 14, 2022, the Ledu District People’s Procuratorate filed a criminal incidental civil public interest litigation with the Ledu District People’s Court, requesting the People’s Court to order a mining company to bear more than 2.37 million yuan in ecological environment management and restoration costs. On March 24, the Ledu District People's Court organized mediation, and a mining company agreed to bear the cost of ecological environment management and restoration, and paid it all on the same day. The criminal department adjusted the sentencing recommendations and offered leniency opinions because all treatment and restoration costs were paid.
On April 11, the People's Court of Ledu District ruled that a mining company was guilty of illegal mining and was fined 300,000 yuan; Liu Moumou was guilty of illegal mining and was sentenced to 33 years in prison, suspended for 4 years, and fined 100,000 yuan. ; Dong Moumou committed the crime of illegal mining and was sentenced to 3 years in prison, suspended for 4 years, and fined 100,000 yuan. The prosecutor responsible for
said that legal and compliant mining of mines by enterprises is an important element of safe production. A certain mining company failed to implement the mine geological environment protection and land reclamation plan during mining, failed to implement the "mining while management" system, and used blasting to mine, forming an unstable slope and posing potential geological disaster risks. At the same time, its disorderly mining and cross-border mining have caused changes in the local mountain topography, destroyed a large amount of vegetation, severely damaged mineral resources and the ecological environment, and violated the Mineral Resources Law and other laws and regulations. Mining companies and persons in charge must not only bear criminal liability , and must also fulfill their obligations to restore the ecological environment and eliminate potential safety hazards. If the mining enterprise still fails to rectify the problem after being urged to do so, the administrative agency may perform the work on its behalf, and the required expenses shall be borne by the mining enterprise.
Illegal mining under the guise of a project
Occupied resources and received a criminal fine
On July 25, 2016, Shi Mourong, Shi Moufu, and Li Moujie applied to the former Ledu District Land and Resources Bureau for the "Land Consolidation Project in a Town and Village in Ledu District" .After the project was declared, Li Moufu and Xie Mouzhu invested and joined. After that, in the name of the project, the five people illegally mined 42,674.46 cubic meters of sand and gravel, worth 682,790.40 yuan, without obtaining a mining license.
After the People's Procuratorate of Ledu District, Haidong City accepted the case, due to the seriousness and complexity of the case, it was returned to the public security organ for additional investigation. At the same time, in order to effectively guide the public security organs in collecting evidence, the investigation direction was pointed out for key incriminating evidence. During this period, the procuratorate supplemented the evidence on its own, questioned key witnesses, obtained relevant evidence from the former Ledou District Land and Resources Bureau, conducted an in-depth investigation into the case, fixed the evidence, and effectively charged the crime.
The Ledu District Procuratorate concluded that Shi Mourong, Shi Moufu and other five people had committed illegal mining activities, and the circumstances were particularly serious, so they filed a public prosecution on February 26, 2021. The Ledu District People's Court sentenced Shi Mourong, Shi Moufu and others to fixed-term imprisonment ranging from 3 years to 3 years and 2 months respectively for the crime of illegal mining, and fined them RMB 50,000.
The person in charge of the relevant department of the Ledu District Procuratorate said that mineral resources belong to the state, and any organization or individual is prohibited from using any means to appropriate or destroy mineral resources. The illegal mining of ores by Shi Moufu, Shi Mourong and other five persons not only caused certain damage to the original sand and gravel deposits, but also caused damage to the local topography and land resources, and also caused major safety hazards. Threaten the safety of people's lives and property. The procuratorial organs have given full play to their procuratorial functions and severely cracked down on criminal crimes that endanger production safety. By punishing illegal mining activities in accordance with the law, they have effectively deterred illegal activities that endanger production safety, warned citizens to abide by the law, and effectively maintained the safe production order.
Going to graves and burning paper caused wildfires
Refusing compensation and enforcing enforcement
On March 27, 2021, Na went to graves and burned paper in the "Old Station" area of Najiazhuang Village, Machang Township. During this period, Na so-and-so set the sacrificial objects on fire, causing a mountain fire due to his negligence. Entrusted by the Natural Resources and Forestry Grassland Bureau of Ledou District, Ningxia Green Senyuan Judicial Appraisal Center identified the total area of burned land involved in the case as 353.37 acres; the cost of vegetation restoration involved was 20,400 yuan.
On September 28, 2021, the public security organ transferred the case of Na Moumou suspected of fire crime to the Ledu District People's Procuratorate for review and prosecution. The First Procuratorial Department of the Ledu District Procuratorate transferred to the Second Procuratorate Department the public interest litigation clues regarding Na’s suspected fire crime.
On December 1 of the same year, the Ledu District Procuratorate filed a public prosecution and a criminal incidental civil public interest litigation on Na Moumou’s alleged fire crime. Before the trial, the Ledu District People's Court organized mediation on the cost of vegetation restoration, and Na refused to compensate because he had no financial resources. On February 21, 2022, Na was sentenced to 6 months in prison by the Ledu District People's Court for the crime of fire, and was required to pay 20,400 yuan in vegetation restoration fees. At present, part of the civil public interest litigation attached to criminal cases has been transferred to enforcement.
The prosecutor handling the case said that the burned forest land in this case is a second-level national public welfare forest. The procuratorial organs perform their statutory duties as public prosecution organs and public interest litigation prosecutors respectively. They comprehensively use their procuratorial functions to not only investigate the criminal liability of the criminal defendant, but also investigate Criminal crimes carry the environmental tort liability of civil defendants to deter ecological environment destroyers. At the same time, we educate and warn the general public to always keep safe production in mind, improve fire prevention awareness, change customs, promote civilized sacrifices, safe use of fire, and resolutely prevent fire accidents.
Speeding truck caused death
Pleaded guilty and was sentenced to three years in prison
On January 5, 2021, Xu Moumou was driving a light ordinary truck and speeding from west to east along National Highway 109 to the Qilidian section, when he crossed the road from south to north. Pedestrians crossing the road, Jin Moumou, Wang Moumou, and Ye Moumou, collided, causing Jin Moumou and Wang Moumou to die on the spot, and Ye Moumou died after rescue efforts failed. It was determined that Xu Moumou bore the primary responsibility for the traffic accident, and Jin Moumou, Wang Moumou, and Ye Moumou bore secondary responsibilities.
After the incident, Xu Moumou took the initiative to call the police and waited at the scene for processing. After being brought to justice, he truthfully confessed and compensated some of the losses of relatives of Jin Moumou, Wang Moumou, and Ye Moumou.
After accepting the case, the People's Procuratorate of Ledu District, Haidong City, sent Xu a "Notice on the Leniency System for Plea and Punishment" and, based on the legal review of evidence and facts, launched an interpretation of the law for Xu. Xu A certain person expressed his willingness to plead guilty and accept punishment. At the same time, we listened to the opinions of the victims' relatives and organized mediation between the two parties. Before signing the recognizance letter, Xu Moumou was explained in detail to Xu Moumou the facts, charges, circumstances, and the reasons and basis for the sentencing recommendations in this case. Book". After the
case was transferred for prosecution, the Ledu District People's Court held that the facts that the Ledu District People's Procuratorate accused Xu of committing the crime of traffic accident were clear, the evidence was indeed sufficient, the crime was found guilty, and the sentencing recommendations put forward were appropriate, and Xu was sentenced to the crime of traffic accident. XX was sentenced to 3 years in prison. The prosecutor handling the case
said that when handling the case, the procuratorial organs, based on the specific circumstances of the case, based on the case and the focus of the issue, insist on in-depth interpretation of the law, warn traffic offenders, deter traffic violations, and enhance traffic safety awareness. At the same time, the procuratorial organs pay attention to resolving conflicts and organize mediation between the two parties on many occasions to soothe the victims' families and eliminate their sense of social instability.
The procuratorate comprehensively considers the sentencing circumstances, puts forward sentencing recommendations, actively communicates with the lawyers on duty, improves the acceptability of the sentencing recommendations, ensures the voluntariness, legality and authenticity of the defendant's confession and acceptance of punishment, ensures the legality of case procedures and substantive fairness, and improves judicial credibility.
Relevant Provisions of the Criminal Law
Article 133 Whoever violates traffic and transportation management regulations and thereby causes a major accident, causing serious injury or death to a person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; traffic accidents Those who later escape or have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if their escape causes death, they shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 343 Violates the provisions of the Mineral Resources Law by mining without permission, entering national planned mining areas, mining areas of important value to the national economy and other people's mining areas without permission, or mining without authorization to implement protections prescribed by the state If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than three years, criminal detention or public surveillance, and may also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently to a fine.
Relevant Provisions of the Civil Procedure Law
Article 58: For behavior that pollutes the environment, infringes upon the legitimate rights and interests of many consumers, and harms social and public interests, the agencies and relevant organizations prescribed by law may file lawsuits in the People's Court.
In the course of performing its duties, the People's Procuratorate discovers behaviors that damage the ecological environment and resource protection, infringe upon the legitimate rights and interests of many consumers in the field of food and drug safety, and other behaviors that harm the public interest. If no lawsuit is filed, a lawsuit may be filed in the People's Court. If the organs or organizations specified in the preceding paragraph initiate a lawsuit, the People's Procuratorate may support the prosecution.
Lao Hu’s comments
Safety production is related to the safety of people’s lives, property and health, and is related to national interests and social public interests. The responsibility is heavier than Mount Tai, and the alarm must be sounded.
From the cases in this issue, we can see that whether it is the hidden dangers of geological disasters caused by illegal mining or major safety accidents caused by speeding on the road and random burning of paper, they all pose serious threats to the safety of people's lives and property and social and public interests. and hazards. Preventing and reducing safety accidents, and investigating and resolving safety hazards require a multi-pronged and comprehensive approach. Both enterprises and individuals should always tighten the string of safety, strictly abide by the bottom line of laws and regulations, and never exceed the safety threshold. The safety authorities must strictly investigate hidden dangers, plug loopholes, and not take chances and have a perfunctory attitude.
As a legal supervision agency, the procuratorial organs should proactively perform their duties in the field of preventing safety accidents and resolving safety hazards. Through law enforcement and case handling and public interest litigation, they should promote the whole society to enhance safety awareness, encourage industry authorities to perform their duties, and effectively protect the lives and property of the people. Safety. (Hu Yong)
Editor in charge: Li Fang
