At 10: 00 on December 15, 2015, the Supreme People's Court held a press conference. Shen Liang, vice president of the fourth Criminal Division of the Supreme people's Court, issued the interpretation of the Supreme people's Court and the Supreme people's Procuratorate on several issues concerning the Application of Law in handling Criminal cases endangering production Safety, and notified typical cases of crimes endangering production safety. Jie Jie, deputy director of the Legal Policy Research Office of the Supreme People's Procuratorate, and Wu Yanyun, deputy director of the Policy and Regulations Department of the State Administration of Work Safety, attended the press conference and answered questions from reporters. Sun Jungong, spokesperson of the Supreme People's Court, presided over the press conference.

Shen Liang, Vice President of the Fourth Criminal Division of the Supreme People's Court: Hello, reporters! Today, the Supreme People's Court, the Supreme People's Procuratorate and the State Administration of Work Safety jointly held a press conference to announce to the public the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Production Safety (hereinafter referred to as the Interpretation) jointly formulated by the Supreme People's Court and the Supreme People's Procuratorate and to be implemented on December 16, 2015, at the same time, I would like to inform you that in recent years, the people's courts and people's procuratorates have punished crimes against production safety, related corruption, bribery and dereliction of duty, as well as the safety supervision work carried out by the State Administration of work safety, and announced three typical cases of crimes against production safety.

Background of the 1. Interpretation

Work safety has a bearing on the safety of people's lives and property and on the overall situation of reform, development and stability. At present, the national production safety situation is generally stable and continues to improve, but the situation is still grim, and serious and serious production safety accidents that cause mass deaths and injuries still occur from time to time. Among them, the explosion accident of Tianjin Port Ruihai Company's hazardous chemicals warehouse on August 12, 2015 caused a large number of casualties, a large number of house damage and huge economic losses, and the social impact was very bad. General Secretary Xi Jinping and Premier Li Keqiang have repeatedly made important instructions, emphasizing that development cannot be at the expense of human lives. The Fifth Plenary Session of the Eighteenth Central Committee of the Communist Party of China emphasized that to achieve the development goals during the "13th Five-Year Plan" period, solve development problems, and build development advantages, we must firmly establish and effectively implement the "five in one" of innovation, coordination, green, openness, and sharing. "Development concept. To implement the "five in one" development concept, we must resolutely curb the trend of prone and high incidence of production safety accidents in economic and social construction activities.

In recent years, the safety production supervision and management departments have strengthened supervision and law enforcement, solidly promoted the special rectification of safety in key industries, and strictly investigated the responsibility for illegal acts and accidents; people's courts and people's procuratorates at all levels have given full play to the role of trial and procuratorial functions, and severely punished crimes endangering production safety A large number of criminals endangering production safety and related criminals of corruption, bribery, and dereliction of duty have been punished by law. From 2012 to 2014, courts at all levels across the country concluded a total of 5707 cases of crimes endangering production safety, and the number of effective judgments was 7599, providing judicial guarantees for the continuous and stable improvement of the safety production situation and the harmonious and stable development of the economy and society. At the same time, the People's Procuratorate gives full play to its case investigation and legal supervision functions, and actively participates in the investigation and evidence collection of major production safety accidents; the People's Court actively extends its judicial functions, strengthens communication and coordination with relevant departments, and ensures through judicial recommendations, joint supervision and inspection, etc. The criminal punishment measures for relevant responsible persons are implemented, and the authority, seriousness and unity of safety production laws and regulations and criminal laws are maintained.

The crime of endangering production safety involves a wide range of industries and complex and diverse behaviors. When judicial organs handle related cases, there are many problems to be solved urgently. The judicial organs have continuously summed up their experience and issued a series of judicial interpretations and normative documents. In February 2007, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Endangering Mine Production Safety" (hereinafter referred to as the "Mine Judicial Interpretation"), which is for punishing mine production safety crimes in accordance with the law. It played an important role in ensuring mine production safety. At the end of 2011, the Supreme People's Court issued the Opinions on Further Strengthening the Trial of Criminal Cases Endangering Production Safety, which dealt with the trial principles, legal application standards, criminal policies, and the standardized application of probation and exemption from criminal penalties for such cases. It has made clear provisions, and the implementation effect is good.

In October 2013, the Supreme People's Court and the Supreme People's Procuratorate jointly studied and believed that it is necessary to formulate judicial interpretations on criminal cases endangering production safety at this stage. After joint in-depth investigations, they extensively listened to the opinions of the legislature, administrative agencies, experts and scholars, and all sectors of society., Formulated the "Interpretation."

Main contents of the 2. Interpretation

There are 17 articles in the interpretation, which makes targeted provisions in view of the outstanding problems existing in the process of prosecution and trial of such cases. the content covers a number of important issues such as the scope of the subject of the relevant crime, the standard of conviction and sentencing, the specific application of the circumstances of heavier and lighter punishment, and the identification and handling of the crime of corruption, bribery and dereliction of duty by relevant public officials.

The first is to clarify the main scope of the crime of major liability accidents, the crime of compulsory illegal and risky operations, the crime of major labor safety accidents, and the crime of not reporting or falsely reporting safety accidents. In practice, for some national staff or company or enterprise managers with specific job status, in order to circumvent the laws and regulations that national staff are not allowed to illegally invest in production and operation enterprises, or company or enterprise managers are not allowed to illegally engage in the company they work for., Enterprise similar business and other aspects of prohibitive regulations, invest in companies and enterprises in the name of others, in order to hide the identity of shareholders and act as "anonymous shareholders", the interpretation clearly stipulates that the actual controllers and investors who have the power of organization, command or management, or the actual controllers and investors who are directly responsible for the safety production facilities and production safety conditions that do not meet the national regulations, can be identified as the criminal subject of the relevant crimes, so as to strictly control the criminal law net, Ensure the effect of punishment.

The second is to clarify the conviction and sentencing standards for related crimes. Previously, there were no clear conviction and sentencing standards for multiple crimes of endangering production safety, including the crimes of causing accidents of dangerous goods and fire-fighting liability accidents that have occurred frequently in recent years, and it is difficult to grasp in practice. On the basis of extensive research and soliciting opinions, the "Interpretation" clearly stipulates the conviction and sentencing standards. In principle, one person died, three were seriously injured, or a direct economic loss of 1 million yuan was caused as the conviction standard. The "Interpretation" adopts the stipulation method of "accident consequences and responsibility" for the conditions for the second level of statutory punishment for related crimes, that is, in principle, the consequences of the accident reach a certain level, and the perpetrator bears the main responsibility for the accident, the second level of statutory punishment can be imposed. At the same time, for some of the secondary responsible persons in a small number of cases where it is difficult to adapt to the crime and punishment without imposing the second legal penalty, we can consider applying the bottom clause stipulated in the interpretation and impose the second legal penalty.

The third is to clarify the applicable conditions of the crime of ordering illegal and risky operations. The "Criminal Law Amendment (VI)" added the crime of compulsory illegal and risky operations. The maximum statutory penalty is 15 years in prison. It is a felony in crimes endangering production safety. However, in practice, the application rate is low. The main problem lies in the "compulsory order". The improper understanding of the word, mistakenly identifying some forced illegal and risky operations as ordinary responsibility accident crimes, resulting in low penalties and not conducive to severe punishment of crimes. The Interpretation clarifies that knowing that there are hidden dangers of accidents and that there are dangers in continuing operations, and still violating relevant safety management regulations, using organization, command, and management powers to force others to operate in violation of regulations, or using coercion, coercion, intimidation and other means to force others to operate in violation of regulations, Or deliberately covering up the hidden dangers of accidents and organizing others' illegal operations shall be deemed as "forcing others to operate in violation of regulations and risks".

Fourth, severely punish acts such as deliberately obstructing the rescue of accidents and abandoning victims of accidents. In practice, after the occurrence of a safety accident, in order to cover up the facts of the accident and evade legal investigation, some black coal mine and mine owners not only do not organize rescue and report to relevant departments, but deliberately conceal and abandon the injured people in the accident, and even block the mine and cover up the accident. The bad behavior of the truth of the accident has led to the death, serious injury or severe disability of the trapped people and the hidden and abandoned people. The "Interpretation" clarified that the above-mentioned acts should be convicted and punished for the crime of intentional homicide or intentional injury in accordance with the law.

Five is a clear heavier punishment situation. Severely punishing criminal crimes endangering production safety in accordance with the law and protecting the safety of people's lives and property is the overall tone of the "Interpretation. The Interpretation specifically provides for a variety of circumstances of severe punishment that are common and frequent in practice. These include: failing to obtain a safety license in accordance with the law, or engaging in production and business activities after the safety license has expired, been temporarily detained, revoked, or canceled; shutting down or destroying necessary safety monitoring and alarm equipment; having discovered hidden dangers of accidents and approved by relevant departments or After the individual has proposed, he still fails to take measures; within one year, he has received administrative or criminal penalties for illegal and criminal activities that endanger production safety; adopt fraud, bribery and other means to deliberately evade or obstruct the supervision and inspection of the department responsible for safety supervision and management; transfer property after a safety accident with the intention of evading responsibility. At the same time, in order to temper justice with mercy and establish a correct behavior orientation, the interpretation also stipulates that those who actively organize and participate in the rescue of accidents, or actively cooperate with the investigation and take the initiative to compensate for losses after the occurrence of a safety accident may be given a lighter punishment as appropriate.

Sixth, severely punish related crimes of corruption, bribery and dereliction of duty. Practice has shown that behind many major production safety accidents, there are hidden corruption, bribery, dereliction of duty, and dereliction of duty by public officials. While punishing the responsible personnel of the accident unit, the judicial organ should severely punish the public officials who hide behind the accident. The Interpretation stipulates that if a state official invests in production and operation in violation of regulations, which constitutes a crime specified in this Interpretation, or if the corruption or bribery crimes of state officials are related to the occurrence of safety accidents, they shall be severely punished, and at the same time constitute corruption and bribery. Those who commit crimes and crimes endangering production safety shall be punished in accordance with the provisions of combined punishment for several crimes.

The seventh is to clarify the scope of application of prohibition orders and occupational prohibition measures. In order to give full play to the positive role of the prohibition order within the probation period of probation stipulated in the Criminal Law and the occupational prohibition measures after the execution of the penalty, and to prevent criminals endangering production safety from returning to their old jobs in a short period of time and causing new safety accidents, the Interpretation is on how to apply The prohibition order and occupational prohibition measures are stipulated. For criminals who commit crimes endangering production safety with probation, they can be prohibited from engaging in specific activities related to production safety within the probation period of probation according to the circumstances of the crime; for criminals sentenced to criminal punishment, they can be prohibited from engaging in occupations related to production safety within three to five years from the date of completion of the sentence or parole according to the circumstances of the crime and the need to prevent re-offending.

It is a systematic project to prevent and contain major accidents and promote the continuous and stable improvement of the situation of production safety, which requires the joint efforts of government departments, production and business units, individual employees and the public. The people's courts and people's procuratorates will continue to adhere to the criminal policy of severely punishing crimes endangering production safety and related crimes of corruption, bribery and dereliction of duty, strengthen communication and coordination with administrative departments, and do a good job in punishing and trying crimes endangering production safety in accordance with the law, so as to provide judicial guarantee for the smooth implementation of the 13th five-year Plan of the party and the state.