The Supreme Procuratorate released a typical case of the "8th Procuratorate"

Supreme Procuratorate released procuratorial organs

Implement a typical case of "No. 8 Procuratorate"

Pay attention to traceability governance and promote safety production

On June 22, the Supreme People's Procuratorate released 5 procuratorial organs to implement a typical case of the "8th Procuratorate". It is hoped that through the role of demonstration, leading, and guiding the role of typical cases, it will further promote the implementation of the "No. 8 Procuratorate".

In February this year, the Supreme Procuratorate issued the "No. 8 Procuratorate" to the Emergency Management Department for the Safety production traceability governance, and copied 11 relevant departments. In order to promote the implementation of the "No. 8 Procuratorate", the Supreme Prosecutor's notice shall be issued to the provincial procuratorates, requiring "efforts to focus on the early grasps, the standards of the system, and the responsibility will fall into work." Ensure the implementation and effective results of the "No. 8 Procuratorate". The local procuratorial organs formulated specific implementation plans according to local conditions, adopted a variety of powerful measures to promote the implementation of suggestions, and achieved obvious staged results in advancing the comprehensive governance of safety production, and good response from all walks of life in society.

The five typical cases released this time are: dangerous operation cases in Donggang City, Liaoning Province, Yu Mouxiang and others, and the People's Procuratorate of Gannan County, Heilongjiang Province urged the public interest of "flying line charging" safety hazards, Wang Mouqin, Huzhou City, Zhejiang Province In the bribery case, Zhong Mouping's heavy responsibility accident in Zhongyang County, Anhui Province, and a major liability accident in Wu Mouyu, Karamay, Xinjiang Uygur Autonomous Region. Among them, four are criminal criminal cases in production safety, and one is a public interest lawsuit.

"Among these cases, the procuratorial organs give full play to the role of procuratorial functions in the process of implementing the" No. 8 Procuratorate ', and effectively implement the' Supervision in the case, handle the case in the supervision, and perform their duties in accordance with the law. ', Extend from the "review in the case' to the" outside the case '. "The person in charge of the Second Procuratorate of the Supreme Procuratorate said that through the handling of these cases, in promoting the management of fishery security, promoting the" flying line charging "safety hazards, promoting special specialty Industry certificates of illegal issuance have been issued special investigation and management, and have achieved good governance results in terms of carrying out corporate compliance investigations to promote the improvement of safety management.

In the next step, the Supreme Prosecutor will continue to supervise the procuratorial organs of various places in accordance with the law and promote the implementation of the suggestions in accordance with the law. At the same time, the highest prosecution will strengthen communication and cooperation with relevant departments such as emergency management, form a joint effort, and promote the improvement of production safety governance capabilities.

About the issuance and implementation of the Supreme People's Procuratorate

Notice of the typical case of "No. 8 Procuratorate"

People's Procuratorate of the Provincial, Autonomous Region, and Municipality directly under the Central Government, the PLA Military Procuratorate, and the People's Procuratorate of Xinjiang Production and Construction Corps:

The Party Central Committee has always attached great importance to production safety. Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has made a series of important instructions on production safety, emphasizing that development must not be at the expense of people's lives, which must be used as an insurmountable red line. In order to thoroughly implement the decision -making and deployment of the Party Central Committee on production safety and help improve the level of comprehensive governance of production safety, the Supreme People's Procuratorate issued the "Procuratorate 8 Procuratorate" to the Emergency Management Department in February 2022, and copied 11 related to the relevant department. department. Procuratorates in various places have actively promoted the implementation, achieved obvious results, and emerged in a number of good practices and cases. In order to give full play to the role of typical case demonstrations, leading and guiding the role, and further promoting the implementation of the "No. 8 Procuratorate", 5 typical cases such as "Dangerous Works in Donggang City, Liaoning Province" are now issued for reference Learn.

The procuratorial organs of various localities must adhere to the guidance of Xi Jinping's new era of socialism with Chinese characteristics in the new era, comprehensively implement Xi Jinping's thinking of the rule of law, seriously settle the spirit of General Secretary Jinping's important instructions on production safety work, and firmly establish the concept of "grasping the front end and treating the disease". Be able to perform their duties, strengthen traceability governance, and focus on grasping early grasping the small and grasping signs, the standards of the system, the implementation of the system, and the responsibility, and the pursuit of the upper and lower efforts, and contribute to the promotion of the national governance system and the modernization of governance capabilities.

Supreme People's Procuratorate

June 21, 2022

Case number one

Yu Mouxiang and others in Donggang City, Liaoning Province

Dangerous operation case

【Basic Case】

Yu Mouxiang, female, born in September 1954, fishing boat owner.

Yu Mouming and other 13 are the owners or captains of fishing boats, and the basic situation is slight.

In order to strengthen the supervision of the production safety of marine fishery operating vessels, the fishery administrative department of Donggang City, Liaoning Province in the 2021 period of the fishing period in the area of ​​the area under the jurisdiction (hereinafter referred to as the "Beidou"), which is equipped with a medium -sized and above fishery production vessel in the jurisdiction. It has the functions of weather forecasting, navigation, and automatic alarm of ships falling in to ensure the safety of fishing vessels and monitoring fishing vessels in accordance with laws and regulations. During the fishing period in September 2021, in order to pursue high economic benefits, Yu Mouxiang and other fishing vessel owners and captains dismantled the "Beidou" on the fishing boat without permission, instructed the fishing vessels to go out to the sea for illegal fishing operations.

[Process of lawsuit and performance]

On November 11, 2021, the People's Procuratorate of Donggang City, Liaoning Province filed a public prosecution for 14 people including a certain incense. On November 29 of the same year, the Donggang People's Court adopted the allegations and sentencing suggestions of the procuratorial organs, sentenced to court in court, and sentenced the defendant Yu Mouxiang to the defendant Yu Xiang for ten months to two months of detention. Essence Yu Mouxiang refused to accept the verdict and appealed. On January 4, 2022, the Dandong Municipal Intermediate People's Court made a second trial judgment. Yu Xiang pleaded guilty during the second instance. The sentence was changed from ten months to nine months in prison. Other defendants maintained the original sentence. (1) Intervention in investigation guidance and evidence collection, and consolidate the foundation of the case evidence. On September 18, 2021, the Donggang People's Procuratorate involved in the investigation. After a comprehensive review of the papers and the investigators twice held the case research and judgment meeting, the prosecutor handling the case suggested that the public security organs surrounded the "Beidou" in terms of "Beidou" in fishery production safety, dismantling the "real danger" that the "Beidou" may occur, and the subjective knowledge of the parties. Enhancement evidence. Based on this, the public security organs have improved relevant evidence and confirmed that "Beidou" has a "one -click alarm" and "vessel subversive water in the water" and other rescue functions. The fishermen privately dismantle the "Beidou" to law enforcement by law enforcement. After the rich sea areas are carried out, the risk cannot be guaranteed to be rescued in time after the fishing boat disassembles the "Beidou". At the same time, the prosecutor also went to the Donggang Fisheries Fisherman's Fishing Vehicle Administration to check the relevant information to understand laws and regulations such as maritime traffic safety and fishing boats, fishing ports, and marine fishery safety management; contact the "Beidou" manufacturer and after -sales service department to consult "The role played in sea rescue, etc., accurately identify the role of" Beidou "and whether the actor's dismantling" Beidou "is" a practical danger of major casualties or other serious consequences. "

(2) Give full play to the advantages of procuratorial integration and accurately grasp the qualitative of the case. This case is the first dangerous operation in the field of maritime fishery production in Liaoning. The Donggang Procuratorate set up a special class to report to the superior court as soon as possible. The Dandong City Procuratorate arranged a special person to be responsible for simultaneously reviewing, guiding the guidance of evidence of case evidence to produce cases in Donggang City Institute, effectively guiding evidence collection, and achieving fast -catching and fast complaints. The Dandong City Procuratorate also organized a joint meeting of the prosecutors of the two -level institute to hold a joint meeting to conduct a judgment on the "real danger" of the "real danger" judgment criteria and the dismantling of the "Beidou" of the "Beidou" that constitutes a dangerous operation. According to research, fishery production, mining, hazardous chemicals and other industries are eight high -risk industries, and their production operations are highly dangerous. The fishing boat involved in this case chose to avoid the supervision of fishing in the sea to engage in fishery production in severe weather. The behavior is significantly exceeded that the fishing boat's own ability to resist risk. The ships cannot accept the risks of relevant departments. The risk cannot be guaranteed to be rescued in time. It complies with the provisions of Article 134 of the Criminal Law. It has "a real danger of major casualties or other serious consequences", which constitutes a crime of hazardous operations. In addition, the procuratorial organs also distinguish between different circumstances and the categories of personnel, and actively apply the confession and confession and punishment from the wide system. Except for the defendant Yu Mou in the first instance, the remaining 13 confession and penalties were confession. Yu Mouxiang also pleaded guilty in the second instance and received the court's judgment from lightly to achieve a good results in handling the case.

(3) Promote the management of traceability to ensure that the "No. 8 Procuratorate" of the Supreme People's Procuratorate is implemented. In response to the hidden dangers and loopholes in the city's fishery operations found in the city, in March 2022, the procuratorate notified the handling of this case to the competent department Donggang Fisheries Fisherman's Fishing Vehicle Administration. The bureau further strengthened the publicity of fishery production safety laws and regulations, and enhanced the awareness of fishermen's safety in production; strengthened cooperation with relevant departments such as public security, maritime police, border management and other relevant departments, jointly cracking down on illegal acts involving fishery, and strengthening the administrative law enforcement of fishery. The bureau immediately carried out rectification operations, sending text messages through "Beidou", and establishing a WeChat group sending prompts to promote the hazards and punishment of the "Beidou" to the owner of the fishing boat. 》 More than 4,000 propaganda materials to carry out publicity of law popularization; carry out training for law enforcement officials related to fishing administrative law enforcement business; and strengthen cooperation with relevant departments to form a joint force of maritime law enforcement.

【Typical meaning】

The accurate application of the crime of hazardous operations can effectively prevent problems before they occur and avoid production safety accidents. It is the key to determine whether the act of violating the relevant safety management regulations in production operations constitutes a crime of dangerous operations, and determining whether the behavior has "a major casualties or other serious consequences" is the key. "A practical danger of major casualties or other serious consequences" generally refers to the danger that exists and urgency. If this danger continues, it may cause major casualties or other serious consequences at any time. , Objectives, on -site environment, severity of violations, and the timely and effectiveness of rectification measures, etc., make comprehensive judgments. Those who have strong professionalism and difficult to identify them may entrust the relevant regulatory authorities or relevant agencies to issue an evaluation opinion of whether there is a "real danger" and judge in combination with other evidence. It is determined that this crime must grasp the boundaries of sin and non -crime, pay attention to the use of leniency and strict criminal policies, actively apply the system of confession and punishment, and strive to promote the serious rectification of risks involved in the case. At the same time, we must focus on promoting the treatment with the case and increase the keenness. In response to the safety hazards existing in the relevant industry fields reflected in the case, the relevant departments must be promoted to conduct investigation and rectification to effectively prevent hidden dangers of safety risks. Case 2

People's Procuratorate of Gannan County, Heilongjiang Province

Supervise the hidden safety hazards of "flying line charging"

Public interest case

【Basic Case】

On February 2, 2022, Xu Moumou's arson case was issued. In the field survey site, the prosecutor found that the residents of the community were charging the electric vehicle and occupying the fire channels in the private pull wire outside the building, and there were serious safety hazards. On February 11, the criminal procuratorial department of the hospital transferred the above -mentioned clues to the public interest litigation procuratorial department, and the latter two departments jointly investigated and verified the issue of "flying line charging" in residential communities in the area. On March 9, the Gannan County People's Procuratorate decided to investigate the issue of the "Flying Line Charging" supervision and management responsibilities of the Gannan County Emergency Administration. On April 18, the Gannan County People's Procuratorate claimed the pre -procuratorial proposal to the Gannan County Emergency Administration's public interest lawsuit. On May 12, Gannan County Emergency Administration made a written reply, adopting all the proposal content of the procuratorial organs and implementing rectification.

[Process of the Procuratorate Performing Digo]

(1) Give full play to the advantages of criminal public welfare and conduct investigations and verification. The Criminal Procuratorate of the Gannan County People's Procuratorate and the public interest litigation procuratorial department carried out joint investigation and evidence in the area. By conducting in -depth on the site of multiple communities, visiting residents and community staff of the community and community staff found 23 hidden dangers of "flying line charging" risks. Occupy the fire channel problem is prominent, it is easy to cause fire and electric shock, and affect emergency rescue. The occurrence of the above issues is related to the failure of the comprehensive supervision and management function of the County Emergency Administration and meets the conditions for the filing of administrative public interest litigation. The procuratorial organs have decided to investigate the case for this case.

(2) Promote the implementation of rectification through the prosecution proposal before the lawsuit. The Gannan County People's Procuratorate specially held talks with the Gannan County Emergency Administration on the harm and problem rectification plan caused by "flying line charging" to make suggestions and suggestions. Work Responsibilities further clarify the fire safety responsibilities of various government function departments. In order to achieve the management of traceability, the Gannan County People's Procuratorate formally sent a pre -procuratorial proposal to the Gannan County Emergency Administration Bureau to report the prominent issues found in the investigation and visit. The Gannan County Emergency Administration attaches great importance to holding special meetings to study and formulate rectification plans, actively organizes communities and properties to carry out centralized publicity activities, jointly conduct special inspections and rectification activities in joint construction, fire protection, etc., and coordinate relevant departments to concentrate on the construction of residential communities. The charging equipment is deployed to solve the problem of "flying line charging" from the root cause.

(3) Continue to follow up supervision to ensure governance results. After receiving the response from the procuratorial suggestion, the procuratorial organs followed the performance of the duties of the Gannan County Emergency Administration in accordance with the law. Criminal procuratorial and public interest litigation procuratorial departments jointly carried out "look back" to visit the residential communities. The procuratorial suggestion is implemented. In order to further consolidate the results of the work and avoid repeated problems, after the suggestion of the procuratorial organs, the county emergency administration bureau, housing and construction bureau, fire brigade and other departments set out to establish a "flying line charging" safety hazard to investigate and rectify the normalization prevention and control mechanism, forming multi -department collaboration and co -communities Govern a good pattern.

【Typical meaning】

There is no trivial matter for people's livelihood, and the branches and leaves always care about. The procuratorial organs should establish a consciousness of "risks, that is, danger, hidden dangers are accidents", and maintain high sensitivity. In the process of handling the case, pay attention to clue mining, see micro -knowledge, and grasp early. The criminal procuratorial department found that the clues of public interest litigation in terms of safety production should be transferred in time, and the procuratorial department of the public interest litigation was coordinated to punish crimes with criminal proceedings, promoted rectification with public interest litigation, and condensed the joint force of legal supervision to ensure that the case was not leaked and the governance did not fall. After discovering the supervision of the production safety work industry, we must actively perform their duties, promote relevant functional departments to conscientiously perform the supervision and management functions, carry out work safety inspections, assessment, and rectification work, and effectively solve the problems of poor supervision and unmanned supervision. At the same time, the prosecution proposals for public interest litigation to be issued should continue to follow the visit of the prosecution, supervise the real performance and rectification of administrative agencies, achieve long -term effects, and effectively maintain the safety of the people's lives and property. Case II

Wang Mouqin's bribery case in Huzhou City, Zhejiang Province

【Basic Case】

The defendant Wang Mouqin, male, born in May 1975, was originally staff member of the quality, safety and cost management service center of Huzhou City, Zhejiang Province.

From 2014 to 2020, the defendant Wang Mouqin used his responsibility to work in the Huzhou Construction Training Center, the quality, safety and cost management service center of Huzhou City, and the city's construction construction special operator, construction worker training Examination, re -inspection certificate and other positions are convenient, and personnel who have not participated in medical examinations, did not participate in safety technical theoretical examinations, and unqualified test results were issued in violation of regulations. Yuan.

[Process of lawsuit and performance]

On March 23, 2021, the People's Procuratorate of Wuxing District, Huzhou City, Zhejiang Province filed a public prosecution to the defendant Wang Mouqin for bribery. On July 21 of the same year, the People's Court of Wuxing District of Huzhou City made a first trial judgment to adopt the allegations and sentencing suggestions of the procuratorial organs. The defendant Wang Mouqin was sentenced to four years in prison and fined 250,000 yuan. The judgment has taken effect.

(1) Involved in the investigation in advance to strengthen and improve evidence. The People's Procuratorate of Wuxing District was invited to intervene in the bribery case in advance. After comprehensively reviewing the evidence materials, he believed that the evidence that proved the benefits of others was thin, put forward the opinions of supplementary evidence, and clarified the purpose and direction of the replenishment. After the supervision agency supplemented the application materials, financial collection details, system entry and certificates printing data, chat records, etc. The trial laid the foundation of evidence.

(2) Discover the hidden dangers of the industry, and urge rectification management loopholes. The People's Procuratorate of Wuxing District found that Wang Mouqin was responsible for the convenience of special operators and construction workers in the city's construction construction, re -inspection certificate and continuing education. Log in to the system directly to print the new certificate and other methods to issue more than 4,000 operating qualification certificates for the construction of special operators in the construction construction, and the crime time is as long as 7 years. Qualified personnel enter the key production and operation links of the construction industry and have serious safety hazards. In response to the lack of job supervision in the internal management of the case in the case of the case, the lack of verification mechanisms, and the lack of financial systems, the people's procuratorate of Wuxing District pointed out the problem to the incident unit and put forward the suggestions and suggestions of rectification. The incident unit attaches great importance to it, and organizes the revision of the "Huzhou City Construction Special Operation Skills on -site Evaluation of Safety Code", "Rules for the Construction Personnel Computer Network Examination Examination Room", and revise and improve the examinations, evidence collection, extension, cancellation of various systems and cancellation of various systems and cancellation of various systems and cancellations. Internal processes; implementation of multi -person and multi -post supervision mechanism, and at the same time, the certificate of special operators of the construction construction is issued, extended, canceled, and lost all the supplementary reissue of the construction. Through series of measures, the internal work management system was improved.

(3) Carry out joint special rectification and build a safety supervision system. In response to the safety hazards caused by the defendant's violation of the regulations, the People's Procuratorate of Wuxing District issued a procuratorial suggestion to the incident unit, requiring the incident unit to investigate the traceability and recover the rectification. The incident unit comprehensively sorted out the list of special operators of construction construction from 2013 to 2020, and found that 136 certificates were issued through modifying the test results. More than one third). The above -mentioned relevant certificates are recovered by the incident unit and requested the relevant personnel involved to participate in the exam. In addition, the procuratorial organs found that the intermediary personnel involved 34 clues about the trading documents, and have been transferred to the relevant departments for further treatment. In order to promote the distribution of special operation certificates throughout the city, the Procuratorate's Joint Emergency Administration Bureau and other relevant authorities issued the "Special Governance Action Plan for Campaign of Fake Special Operational Operation Certificate" to form a complementary advantage of administrative law enforcement and criminal justice in the field of safety production. Special rectification has effectively promoted the standardized and systematic governance of the city's construction industry. The District Emergency Administration conducted special law enforcement inspections on the situation of special personnel's permits. 73 enterprises were investigated, of which 15 companies had special operators who had unlicensed jobs, 17 unlicensed operators, and two other rows found that two people had forged, trading and selling countries. Certificate behavior of the agency was sent to the investigation organs for handling, and the case is currently being reviewed and prosecuted. 【Typical meaning】

The procuratorial organs must firmly establish the concept of "grasping the front end and the treatment of the disease", from the "internal" review to the "outside the case" governance extension, and pay attention to the discovery of the hidden risks behind the case. When dealing with cases involving work in the field of safety in accordance with the law, it is necessary to thoroughly analyze the causes of the cause of the case and the derivative of the misconduct, the industry management loopholes and the hidden safety hazards caused by it, and timely urge relevant units to effectively and improve the work management system. Cover the loopholes of regulatory supervision, eliminate the blind spots of regulatory supervision, and conduct in -depth investigation and reform of relevant issues. It is necessary to focus on continuously strengthening the connection between administrative law enforcement and criminal judicialness in the field of safety production, digging out the clues of supervision, urging relevant functional departments to carry out law enforcement inspections and special rectification, actively participate in social governance, and jointly weave the production safety network.

Case 4

Zhong Mouping, Qingyang County, Anhui Province

Major liability accident case

【Basic Case】

The defendant Zhong Mouping, male, born in November 1968, the original legal representative of Anhui Province.

In May 2019, the defendant Zhong Mouping and Xu Mou and Zhang Moumei jointly invested in the establishment of S Company. The company mainly operated the production and refined processing of limestone. Perform the responsibilities of the first responsible person in production safety. Lu Mouzheng was hired as the director of the company's production factory (kiln division), which is in charge of the safety production work of the enterprise. Before the Spring Festival in 2021, Zhong Mouping, Xu, and others were scheduled to conduct limit kiln in the new 1#kiln on February 15 of the same year. At 8 am on February 16th, Lu Mouzheng led the machine repairman Chen Mougang and the general worker Chamoufa and others to make a fire -opening kiln for the 1#kiln. Due to the failure to produce lime stones, Lu Moujan judged the clogging of the kiln body. At 8 am on February 17th, when Lu Mouzan and Cha Moufa did not carry the necessary labor protective supplies into the kiln bottom of the gray cavity for dredging work, poisoned and fainted; Chen did not do his own safety protection. Rescue, and then fainted on the gray cavity operation platform. After the situation was discovered, the employees of Company S immediately contacted the local hospital. After arriving at the scene, the medical staff ruled that Lu Mouzhan and Chamou died.

After the incident, Company S and the victim Lu Mouzan and Chamou's close relatives and victims Chen had just reached a compensation agreement and obtained understanding.

【Litigation and Performance】

On December 28, 2021, the People's Procuratorate of Qingyang County, Anhui Province, filed a public prosecution in accordance with the law for the defendant Zhong Mouping's suspected major liability accident. On December 30 of the same year, the Qingyang County People's Court made a verdict, adopting the allegations and sentencing suggestions of the procuratorial organs, and sentenced the defendant Zhong Mouping to three years in prison for a major liability accident. The judgment has taken effect.

(1) Strict review and accurately determine the scope of criminal accountability. The procuratorial organs reviewed that the direct cause of the accident was that the operator Lu Mouzan, Chamou issued a violation of relevant safety management regulations, and entered the kiln bottom to collect the ash cavity for dredging operations, causing poisoning to suffocate death. Without the completion and acceptance of the safety facilities, it is unauthorized to implement ignition operations without any safety production conditions to conduct production debugging. As an investor and actual controller of Company S, Zhong Mouping is fully responsible for the company's daily production and management management. He has not fulfilled the responsibility of the first responsible person in production safety, violated the relevant safety management system, and caused serious consequences to investigate criminal responsibility. Regarding the criminal accountability of Xu Mou and Zhang Moumei in this case, the procuratorial organs found that the two did not participate in the company's actual operation and lived up to the company's actual operation and did not bear the responsibility of the organization, command or management. responsibility.

(2) Take the initiative and accurately carry out corporate compliance inspections. Company S has performed well in terms of local taxation, resolving labor employment, helping social welfare undertakings, and improving the environmental protection of the enterprise. The problem decided to conduct a compliant inspection of the enterprise. After consulting Zhong Mouping's opinion, he made a compliance commitment to the procuratorate and submitted a preliminary compliance plan. In response to the safety production loopholes exposed by Company S, Qingyang County People's Procuratorate suggested that the company strengthen corporate compliance construction and follow up the construction process throughout the process of safety management systems, safety production training, labor employment management, safety inspection, and hidden dangers. Company S established and improved the relevant security system around compliance requirements. Hou Qingyang County People's Procuratorate and the Qingyang County Emergency Administration continued to track the safety production construction of the enterprise, invited personnel to conduct comprehensive system inspections and guidance for the enterprise, and promote the assessment of the enterprise, and pass the acceptance. (3) Fully evaluate, and apply guilty and confession to the width system according to law. After the expiry of the inspection period, the procuratorial organs combined with the results of the multi -party acceptance. After full assessment, the corporate safety production hazards and accident prevention capabilities were significantly strengthened after the case involved in the case. Although Zhong Mouping's behavior constituted a major crime of accident and serious consequences, after the accident, he actively compensated the loss and obtained the understanding of the victim, and had a light plot of surrender, confession and punishment. It can be applied to the suspension, and proposed a three -year prison sentence for three years in prison, which is adopted by the court.

(4) Extension of cases to promote comprehensive governance of key industries. Under the suggestion of the procuratorial organs, the Qingyang County Emergency Administration has carried out comprehensive supervision of safety production in key industries such as industrial and mining and commerce in the county, and further promoted the investigation of hidden dangers of safety risks. There were 369 law enforcement documents, 737 problems and hidden dangers were found, 23 were administrative penalties, and more than 2.9 million yuan was fined. In order to further solve the outstanding problems in safety production supervision in the jurisdiction, the procuratorial organs have repeatedly discussed and exchanged discussions with the Qingyang County Emergency Administration, and put forward opinions and suggestions for safety production governance. At present, the Qingyang County Emergency Administration has innovated the production safety supervision mechanism and established a "security steward" social service system that "experts investigating hidden dangers, enterprises grasping implementation, and departmental governance", which effectively promotes enterprises to implement the main responsibility of production safety.

【Typical meaning】

For the treatment of personnel related to the production safety criminal criminal criminal criminal criminal, accurately delineate the scope of criminal accountability according to the main objective factors such as the cause of the accident, the boundaries of responsibilities, and the size of the fault to ensure that it is not vulnerable. When the procuratorial organs handle the case of hazardous production safety crimes, they must pay attention to discovering the social governance of deep -level safety production, extend their functions, actively investigate the company's compliance investigations, urge enterprises to improve the system of safety production management systems, and effectively fulfill the responsibility of the main body of production safety. At the same time, strengthen communication and cooperation with administrative authorities such as the emergency management department, and jointly guide enterprises to build a safety production management system in combination with their own characteristics to enhance the vitality of enterprises in production safety.

Case 5

Karamay, Xinjiang Uygur Autonomous Region

Wu Mouyu's major liability accident case

【Basic Case】

The defendant Wu Mouyu, male, was born in November 1985. The former B channel engineering Co., Ltd. (hereinafter referred to as Company B) was actually in charge.

In early March 2021, Engineering Construction Group Co., Ltd. (hereinafter referred to as Company A) and Company B signed the "Sub -Contribution Contract for Construction of the Jinxing Road Project Construction Project (Labor)", which stipulated that Company B completed the Karamay District Nine -kilometer Villa District Jinxiu Road Drying pipes dredging and dredging of pipelines. During the construction period, Wu Mouyu, the actual person in charge of Company B, violated safety management regulations, did not fulfill the responsibility of safety production management, did not organize the formulation of the unit's safety production regulations and operating procedures, did not organize safety training, did not conduct safety education and on -site construction personnel. Construction inspections were not found in time and eliminated hidden safety production hazards. At 14:30 on March 30, 2021, the construction staff Jiang Mou'an, Hu Mou, Zou Moufeng, and Chen Mouping were appointed by Wu Mouyu. When conducting dredging pipelines and dredging pipelines, the on -site commanders were on the spot. Jiang Mou'an violated the safety operation regulations and arranged Chen Mouping to work in the well. Chen Mouping inhaled toxic gas poisoning in the well. Mouping, Jiang Mou'an, and Hu Mou inhaled toxic gases drowning and died of ineffective rescue.

[Process of lawsuit and performance]

On April 2, 2022, the People's Procuratorate of Karamay District, Karamay, Xinjiang, filed a public prosecution in accordance with the law for the crime of the defendant Wu Mouyu's suspected major liability. On April 18 of the same year, the People's Court of Clarimi District accepted the allegations and sentencing suggestions of the procuratorial organs, and sentenced the defendant Wu Mouyu to three years in prison for a major liability accident and three years in probation. The judgment has taken effect.

(1) Invited to actively participate in the investigation of the accident, promote the smooth connection of administrative law enforcement with criminal justice, and earnestly perform legal supervision duties. After the accident, the emergency management department, public security organs and other relevant departments set up a joint investigation team. The procuratorial organs of the municipal and district -level procuratorial organs were invited to participate in the investigation of the accident. Performing the duties of legal supervision, based on the foundation of the cause of the cause, the nature of the accident, and the consequences of the harm, accurately distinguish the responsibility of the responsible persons of the company A, B and the government regulatory department, put forward corresponding handling suggestions, and adopted by the accident investigation team. For the chief engineer and director of the engineering department, Wu Mouyou, the project manager, Zhang Mouxiang, the project site leader Shen Mo Sheng, and company B, who have the leadership responsibility and management responsibilities. Administrative punishment; Yue Mouxin, deputy director of the municipal government investment construction project with leadership responsibility and management responsibility, Chen Moujiang, deputy head of the engineering management department of the unit, Zhang Mou, deputy director of the Municipal Housing and Urban -Rural Development Bureau, and drainage management Lin Mou, deputy director of the office, Hao Mou, director of the Pipeline Inspection and Maintenance Center of the Drainage Management Office, and Yang Mou, deputy director of the District Urban Management Bureau, suggested to transfer it to the disciplinary inspection and supervision organs for handling; for Wu Mouyu, who is suspected of crime, urge the administrative law enforcement department to transfer it to the public security in accordance with the law The agency handles it, and puts forward opinions and suggestions in the direction of evidence collection, evidence collection, etc., and strives to solve the problem in the accident investigation and investigation stage, laying a good foundation for the follow -up lawsuit of the case. (2) The cause of the accident in an all -round way, and accurately define the scope of prosecution. The procuratorial organs have comprehensively reviewed the subject's subject qualifications, job responsibilities, subjective faults, performers, and on -site construction conditions. Drowning death, rescuers blindly violated the regulations to further expand the casualties; the indirect cause of the accident was that Company B violated the management of safety production management, failed to fulfill the responsibility of production safety management, did not formulate the unit's safety production regulations and operating procedures, and did not organize safety Production training does not conduct safety education on the site construction personnel. Company A illegally subcontracts the project to Company B without production safety. At the same time, the supervision responsibilities of the industry authorities were not in place. Comprehensive consideration of surrendering, pleading guilty and confession, active compensation, and obtaining the understanding of the victim's family members, the procuratorial organs filed a public prosecution to the person in charge of Company B according to law, and proposed the sentencing proposal for probation.

(3) Promote treatment with cases, promote reforms with cases, and actively promote comprehensive and rectification of production safety. In the process of handling the case, the procuratorial organs actively conducted investigation and verification work through field investigations, visited relevant industry authorities, and discussions and exchanges with enterprises. For the common problems of industry authorities and enterprises in production safety, Urban Authority and Company A issued procuratorial suggestions to urge them to attach great importance to safety production and improve safety supervision and risk prevention mechanisms. It is recommended that the industry authorities further clarify the list of safe production supervision power, implement detailed supervision responsibilities, carry out centralized industry remediation, guide enterprises to build a safety production management system, strengthen safety education and training, and improve personnel quality. The proposed units are highly valued and carefully rectified and implemented according to the recommendations of the procuratorial organs.

【Typical meaning】

After the occurrence of major production safety accidents, the procuratorial organs are invited to participate in the investigation of the accident. They must actively fulfill their legal supervision duties. It is recommended to transfer the relevant departments or disciplinary inspection and supervision organs in a timely manner. For suspected crimes, the transfer of the investigation (investigation) organs is urged to lay a good foundation for subsequent cases. The occurrence of production safety accidents often causes one effect, involving many subjects. When handling such cases, pay attention to clarifying the responsibilities of corporate managers and the responsibility of front -line operator, distinguish the responsibility of the main body of the enterprise, and the supervision of the government's functional departments, and accurately define criminal accountability scope.

(Author: Cui Xiaoli)

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