A decision does not prosecute to promote the win -win results of the three parties

Author:Righteous network Time:2022.07.14

The suspect said, "I will double hard work!" The person in charge of the company involved said: "The procuratorate handles it lightly according to law to ensure that our production and operation will not be affected." Ecological restoration costs have all been reached by the county's special account. "Recently, the Luyi County Procuratorate of Henan Province has handled a case of private enterprise technicians suspected of pollution of environmental crimes.

Xie is a manager of a key technical position of a private enterprise. In December 2020, Xie Moufeng hired Wang Moufeng to deal with the toxic and harmful sewage and sludge in the enterprise's precipitated pool. Wang Moufeng hired Li and Wang Moujun to help. In a period of artificial canal in the river. After testing, a number of water quality indicators in the area seriously exceeded the standard, the water quality was severely polluted, and the ecological costs were as high as 560,000 yuan.

Subsequently, three, Wang Moufeng, Li Mou, Wang Moujun, were sentenced to punishment for pollution. In March of this year, the public security organs transferred Xie Mou's suspected environmental case to the Luyi County Procuratorate for review and prosecution.

Through reviewing the materials and visiting the enterprise on the spot, the prosecutor handling the case learned that the facts of Xie Moufeng and other three people discharged sewage and sludge. The pollution accident is responsible for losing the responsibility. In view of Xie Mou's subjective malignancy and relatively small personal risk in the case, and he should be responsible for important technical management in the enterprise, the Luyi County Procuratorate will discuss with the public security organs and did not take Xie Mou's detained measures.

Is it a complaint, or is it considering the development and subsequent ecological restoration of the enterprise to achieve the best case handling effect? The Luyi County Procuratorate decided to handle the case: on the one hand, in -depth corporate inspections and listening to the opinions of the person in charge of the enterprise; on the other hand, the law was patient, Xie Mou expressed his voluntary confession and punishment, and actively paid all the ecological restoration costs. In May of this year, under the guidance of the Zhoukou Procuratorate, Luyi County Procuratorate made a relatively non -prosecution decision on Xie in accordance with the law, and suggested that the county Ecological Environment Branch imposed the administrative penalty of Xie Mou, asking them to bear all the ecological restoration costs paid by the government. obligation.

What is the company's operation after making a decision? On June 22, Guo Wenxiang, the prosecutor of Luyi County Procuratorate, led the staff of the institute's business environment to optimize the personnel and the prosecutor handling the case to visit the company. During the discussion, the person in charge of the enterprise stated that the sewage and sludge were handed over to three non -qualified personnel for treatment because the county sewage treatment company had problems such as sewage, sludge, delay, and refusal treatment of enterprises. In this regard, on the basis of the investigation, Luyi County Procuratorate issued procuratorial suggestions to the relevant administrative department, followed up to supervise its management responsibilities in accordance with the law, and solve the worries of corporate operations from the source.

After the procuratorial proposal was issued, the relevant administrative departments issued an administrative penalty decision under the contents of the county's sewage treatment company and rejected the sewage and dirt of the sewage treatment company in accordance with the procuratorial recommendations, requiring them to rectify immediately and fulfill the duties of sewage management in a timely manner. At present, the problem of difficulty in the treatment of sewage and sludge has been resolved.

(Source: Procuratorate Author: Zhang Haiyan Chen Xinhe)

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