Punish crimes endangering production safety according to law and ensure the safety of people's lives and property

2022-12-16

On December 15, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases against Production Safety (II) (hereinafter referred to as the Interpretation), and the People's Court Work of procuratorial organs in punishing crimes against production safety according to law and typical cases of punishing crimes against production safety according to law. In order to facilitate the correct understanding and application in judicial practice, the heads of the Fourth Criminal Trial Division of the Supreme Court, the Second Procuratorial Office of the Supreme People's Procuratorate and the Legal Policy Research Office were interviewed. Insist on severely punishing journalists in accordance with the law: In the recent period, several production safety accidents have occurred in some regions and industries, seriously affecting social and public security and people's sense of security. In view of the situation facing production safety at this stage, what specific provisions have been made in the Interpretation? A: In view of the outstanding problems in work safety and judicial practice, the two senior executives timely summarized the experience of trial work and jointly studied and issued the Interpretation. The Interpretation consistently adheres to the general principle of severe punishment according to law, unswervingly strikes against crimes endangering production safety according to law, fully uses criminal means to punish illegal production and business operations according to law, effectively maintains production safety, and protects the safety of people's lives and property. The Interpretation stipulates the behavior mode of the crime of forcing or organizing others to operate in violation of rules and regulations, and makes it clear that forcing others to operate in violation of rules and regulations by means of coercion, coercion, intimidation or other means, or by taking advantage of the authority of organization, command and management, belongs to the crime of forcing others to operate in violation of rules and regulations; Those who, knowing that there are major potential accidents, still violate the relevant safety management regulations, do not exclude or intentionally cover up major potential accidents, and organize others to work, can be identified as the risky organization of operations under the Criminal Law, so as to ensure that the judicial organs correctly apply the felony crime of compelling and organizing others to work at risk in violation of regulations, and effectively punish crimes against production safety. The Interpretation stipulates the scope of the subject of the crime of dangerous operations and the identification of specific acts added in the Criminal Law Amendment (XI), and specifies that the person in charge, managers, actual controllers, investors and other personnel who are responsible for organizing, directing or managing production and operations, as well as those who are directly engaged in production and operations, can constitute a crime of dangerous operations; Those who intentionally fail to implement without justified reasons, or use false facts or bribes or other illegitimate means to evade or interfere with the implementation of administrative decisions or orders such as production suspension or construction suspension made by the people's governments at all levels or the departments responsible for the supervision and administration of production safety according to law, belong to dangerous operations as stipulated in Article 134-1 of the Criminal Law, To ensure that criminal means are used to effectively punish illegal production and business operations that have not caused major accident consequences, so as to achieve the positive effect of eliminating potential safety risks in a timely manner and preventing production safety accidents from the source. The Interpretation specifies a lower conviction standard for the false certificates provided by the personnel of the intermediary organization of safety assessment with prominent problems in practice and the major untruthfulness of the certificates issued by them. It is clear that one person died or was seriously injured

Edit:sishi    Responsible editor:xingyong

Source:http://epaper.legaldaily.com.cn/fzrb/content/

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