On February 3rd, I learned from China Judgment Document Network that the case was pronounced in the second instance a few days ago. 1 1 persons responsible were sentenced.
The court of first instance found that on March 26th, 2065 1 day 12 or so, Song Mouyi repaired holes in the decoration frame of the vertical tower 18 floor, while Sun Mouyi, Zhang Mouyi, Xu Mou, Wang Mouji and other workers continued to move to the north side of the vertical tower according to the construction progress, plastering the scaffolding that failed the acceptance, and did not take corresponding anti-falling measures.
At about 12: 30, seven workers went to the vertical tower 19 floor to continue the lowering operation of the decoration frame. The project manager, safety officer and supervisor were not present, no one stopped scaffolder from working on the scaffold, and no warning zone was set below, which led to vertical cross-operation with plastering below.
13: 08+00 or so, the decoration rack in the northeast corner fell, and six workers with the decoration rack fell from the sky and collided with the ground floor landing rack, causing four people who were doing outdoor plastering work on the floor landing rack on the fifth floor to fall to the ground together. Seven people died after being rescued.
After the incident, Hu and others participated in forging the Notice of Rectification of Safety Problems, the Letter on Doing a Good Job in Safety Management of Climbing Scaffolds on Site, the Record of Safety Team Activities, and the Technical Disclosure and Technical Disclosure Record of Climbing Scaffolds Descending. , and colluded with each other many times.
After the accident, the Yangzhou Municipal People's Government set up a "3_2 1" investigation team and issued an investigation report. It is believed that the direct cause of the accident is: illegal use of steel wire rope instead of climbing frame lifting bracket, artificial removal of all anti-falling devices of climbing frame, and unplugging of signal wire of synchronous control device. When the load near the lifting point of the frame increases, causing local damage, the frame loses its overload protection and stop function. The direct cause of the accident consequence is that the operator works illegally on the falling frame and crosses the work on the landing frame. The indirect causes of the accident are chaotic project management, illegal command, illegal subcontracting, scaffolder holding false certificates and inadequate project supervision.
It was found that the defendant Lu (safety officer) was mainly responsible for the accident, and Liu (safety officer) was mainly responsible for the accident. Xiao Mobiao (Minister of Security) is directly responsible for the accident. Liao Mohong (captain of the shelf team) is directly responsible for the accident. Xie (the manager of the security department) is directly responsible for the accident. Zhang has direct supervision responsibility for the accident. Yang is directly responsible for the consequences of the accident. Li Mouping (general manager) is mainly responsible for the accident. Hu is responsible for the accident. Zhao Mouyun is responsible for the accident. Li is responsible for the accident.
The court of first instance held that Lu Mou, Hu Mou and others 1 1 violated the relevant provisions on safety management in production and operation, causing serious casualties, and the circumstances were particularly bad, all of which constituted the crime of major liability accidents. The court sentenced Lu (security officer) to 4 years' imprisonment, and prohibited him from engaging in occupations related to safety production within 3 years from the date of completion of punishment or parole; Hu was sentenced to three years' imprisonment, and was prohibited from engaging in occupations related to production safety for three years from the date of completion of punishment or parole. The other nine defendants were also sentenced and banned from engaging in occupations related to safety production for several years.
After the verdict was pronounced, the two defendants appealed, and the latter defendant withdrew his appeal.
The Intermediate People's Court of Yangzhou City, Jiangsu Province held that the facts ascertained in the first-instance judgment were clear, the evidence was true and sufficient, the nature was correct, the sentencing was appropriate, and the trial procedure was legal, which should be maintained according to law. The appellant Lu Mou and his defender's appeal reasons and defense opinions for commutation and probation lack factual and legal basis, which cannot be established and will not be adopted by our court.
The court finally rejected the appellant Lu's appeal and upheld the original judgment.
List of responsibilities:
Persons whose judicial organs have taken measures (8 persons)
1. Liu Shengwei, the safety officer of Nanjing Techen Project Department, was arrested by the People's Procuratorate of Yangzhou Economic and Technological Development Zone on April 30th, 20 19 on suspicion of serious accident.
2. Xiao, the person in charge of Nanjing Techen Security Department and the actual person in charge of scaffolding project, was arrested by the People's Procuratorate of Yangzhou Economic and Technological Development Zone on April 30, 20 19.
3. Li Heping, general manager of Nanjing Techen, the contractor of climbing frame project, and the head of the actual construction unit of Nanjing Techen climbing frame project (before being affiliated with Haitechen). On April 30th, 20 19, he was arrested by the People's Procuratorate of Yangzhou Economic and Technological Development Zone on suspicion of serious accident.
4. Hu You, the project chief engineer and production manager of China Construction Second Bureau, was arrested by the People's Procuratorate of Yangzhou Economic and Technological Development Zone on April 30, 20 19 on suspicion of serious accident.
5. Lv Chengcheng, the project safety officer of China Construction Second Bureau, was arrested by the People's Procuratorate of Yangzhou Economic and Technological Development Zone on April 30th, 20 19 on suspicion of serious accident.
6. Zhao, the person in charge of the subcontracted project of Zhechuan Company, was arrested by the People's Procuratorate of Yangzhou Economic and Technological Development Zone on April 30th, 20 19 on suspicion of major accidents.
7. Lin Bing, the labor contractor of Nanjing Techen, was released on bail pending trial by the public security organ on March 3, 20 19 for being suspected of a major accident.
8. Zhang Xiping, former legal representative and general manager of Haitechen, was released on bail pending trial by the public security organ on March 3, 20 19 for being suspected of serious accident.
It is suggested that criminal responsibility be investigated (6 persons)
1. Liao, the captain of Nanjing Techen Shelf Team, led the team members to work illegally, causing accidents, and was directly responsible for the accidents. Suspected of a major accident crime, it is suggested that the judicial organs investigate its criminal responsibility.
2. Yang Dong, the project manager of China Construction Second Bureau, arranged the employees of Zhejiang and Shu companies to plaster and fill screw holes on the floor-standing frame, knowing that the floor-standing frame had not passed the acceptance of the supervision unit, and was directly responsible for the expansion of the accident consequences. Suspected of a major accident crime, it is suggested that the judicial organs investigate its criminal responsibility.
3. Xie Chuang, manager of the project safety department of China Construction Second Bureau, arranged for Lv Chengcheng, who has been on a business trip, to be responsible for the safety of the landing frame, and the safety management responsibility was not implemented; As the manager of the safety department, he is not effective in the safety inspection and management of the climbing frame and is directly responsible for the accident. Suspected of a major accident crime, it is suggested that the judicial organs investigate its criminal responsibility.
4. Zhang Lide, the chief project supervision engineer of Solvay Company, is responsible for the overall work of project supervision. While knowing that the project manager of subcontractors is absent for a long time and relevant personnel pretend to be the project manager's signature, he fails to supervise and inspect the chaotic situation of project safety management and fails to follow up and urge them to be put in place; Found that the climbing frame fell and failed to take effective measures to stop it; Failing to inspect the climbing frame project according to the inspection requirements for dangerous projects of residential buildings; On March 2 1 day, it was found that there was a potential safety hazard in the climbing frame, and it was not immediately stopped or issued a shutdown order, and it was directly responsible for the accident supervision. Suspected of a major accident crime, it is suggested that the judicial organs investigate its criminal responsibility.
5. Guan Yingming, member of the party group, director and deputy chief engineer of the comprehensive office of safety supervision station in * * city, took the lead in supervising the special inspection and safety inspection of a certain subject. When conducting safety inspection and organizing experts to inspect the climbing frame, the safety facilities were not inspected and accepted according to the relevant regulations and norms, and major safety hazards were not found in time, so the accidents were directly supervised. Suspected of dereliction of duty, it is recommended that the judicial organs pursue their criminal responsibility.
6. The deputy section chief (hired personnel) of the Supervision Section of the Municipal Safety Supervision Station is responsible for supervising the daily inspection work of the Section. When conducting safety inspection and organizing experts to inspect the climbing frame, the safety facilities were not inspected and accepted according to the relevant regulations or specifications, and major safety hazards were not found in time. On the morning of March 2 1, after receiving the report from the supervisor Li Shengjie, he failed to rush to the scene in time to stop it, nor did he report to the leader in time, and was directly responsible for the accident. Suspected of dereliction of duty, it is recommended that the judicial organs pursue their criminal responsibility.