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Recently, the author has been studying the laws and regulations on production safety, and has learned about a number of major crimes related to production safety crimes in the Criminal Law, which shows that the state attaches great importance to production safety. Since many engineers are not very clear about this, the main crimes in this regard are briefly introduced, hoping to attract great attention to protect their own safety and the safety of others in the construction of the project, and ensure the safety of production.
1. The crime of major liability accidents.
The first paragraph of Article 134 of the Criminal Law stipulates: "Whoever violates the provisions on safety management in production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. ”
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Endangering Production Safety (promulgated on December 14, 2015, hereinafter referred to as the "Interpretation of Several Issues") provides: "Criminal entities as provided for in the first paragraph of Article 134 of the Criminal Law include persons such as responsible persons, managers, actual controllers, and investors who have organization, direct, or management responsibilities for production and operations, as well as personnel directly engaged in production and operations. ”
This crime and the crime of major labor safety accidents are found to be "causing serious consequences".
Causing the death of one or more persons, or the serious injury of three or more persons.
causing direct economic losses of more than 1 million yuan.
Circumstances that cause other serious consequences or major safety incidents.
2. The crime of forcing or organizing others to work in violation of rules and regulations.
Paragraph 2 of Article 134 of the Criminal Law: "Whoever compels others to take risks in violation of rules and regulations, or clearly knows that there is a potential danger of a major accident but does not rule it out, but still takes risks to organize operations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention;where the circumstances are especially heinous, the sentence is to be five or more years imprisonment. ”
This crime is a new crime added to Article 1, Paragraph 2 of the Criminal Law Amendment (6), and has been further improved in the Criminal Law Amendment (11).
3. Dangerous work.
Amendment (11) to the Criminal Law adds the crime of dangerous work as Article 134-1, which stipulates that anyone who violates the relevant safety management regulations in production or operation and has any of the following circumstances, and has a real risk of major accidents or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release: Shut down or destroy monitoring, alarm, protection, and life-saving equipment and facilities directly related to production safety, or tamper with, conceal, or destroy their relevant data and information;Those who are ordered to suspend production and business, stop construction, stop using relevant equipment, facilities, or places in accordance with law, or immediately take corrective measures to eliminate the danger because there is a potential danger of a major accident, but refuse to do so;Matters involving production safety are engaged in highly dangerous production activities such as mining, metal smelting, construction, and the production, operation, and storage of dangerous goods without approval or permission in accordance with law.
4. The crime of major labor safety accidents.
Article 135 of the Criminal Law stipulates: "Where production safety facilities or production safety conditions do not conform to state regulations, resulting in a major accident or other serious consequences, the person in charge who is directly responsible and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. ”
This crime pursues the responsibility of the unit to which it belongs, and there is no provision for the punishment of funds for the unit, which is a crime committed by a unit that implements the single penalty system. The crime of major liability accidents mainly emphasizes the conduct of natural persons who operate in violation of regulations in the process of production and operation, or force others to operate in violation of regulations, causing safety accidents.
5. The crime of major safety accidents in large-scale mass activities.
Article 135-1 of the Criminal Law stipulates: "Where the holding of large-scale mass activities violates safety management regulations, resulting in a major accident or other serious consequences, the directly responsible managers and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention;where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. "This crime is a new crime added to Article 3 of the Criminal Law Amendment (VI) of June 29, 2006.
6. The crime of failing to report or falsely reporting a safety incident.
Article 139-1 of the Criminal Law stipulates: "After a safety accident occurs, a person with the duty to report fails to report or falsely reports the circumstances of the accident, thereby delaying the rescue of the accident, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention;where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment. "This crime is a new crime added to Article 4 of the Criminal Law Amendment (VI).
Serious circumstances:
Causing the consequences of the accident to expand, increasing the number of deaths by one or more, or seriously injuring three or more people, or increasing the direct economic losses by more than one million yuan.
Committing any of the following acts, resulting in the inability to carry out accident rescue in a timely and effective manner: deciding not to report, delay in reporting, or falsely reporting the circumstances of the accident, or instigating or colluding with relevant personnel not to report, delay reporting, or falsely reporting the circumstances of the accident;Leaving his post or escaping without permission during the rescue period of the accident;falsifying or destroying the scene of an accident, or transferring, concealing, or destroying the bodies of the victims, or transferring or concealing the injured;Destroying, falsifying, or concealing drawings, records, computer data, and other materials related to the accident, as well as other evidence.
The circumstances are particularly serious".
Causing the consequences of the accident to expand, increasing the number of deaths by three or more, or seriously injuring more than 10 people, or increasing the direct economic losses by more than 5 million yuan.
Using violence, coercion, orders, or other means to prevent others from reporting the accident, causing the consequences of the accident to expand.
Other situations where the circumstances are particularly serious.
7. The crime of causing an accident with dangerous goods.
Article 136 of the Criminal Law stipulates: "Whoever violates the regulations on the management of highly committed, flammable, radioactive, poisonous or corrosive substances, and causes serious consequences in the production, storage, transportation or use, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;where the consequences are especially serious, the sentence is to be between three and seven years imprisonment. ”
8. The crime of major safety accidents in projects.
Article 137 of the Criminal Law stipulates: "Where a construction unit, design unit, construction unit, or project supervision unit violates state regulations by lowering project quality standards, causing a major safety accident, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined;where the consequences are especially serious, the sentence is between 5 and 10 years imprisonment and a concurrent fine. ”