court trial
201212 On the National Legal Publicity Day, on February 4th, the defendants Cai Shengqing, Qi Feng, Chen Feng and Hou Yong were tried in the criminal court of Fuquan City, Guizhou Province, and lawyers Xu Yongzhong and Liu Jie from Guizhou Shenglunda Law Firm appeared in court to defend the defendant Hou Yong according to law. The case is under trial.
Defendant Hou Yong's defense summary in the first instance.
● Finding out the direct cause of explosives → burning → explosion in this case can not only investigate the legal responsibility of the real murderer in this case, but also comfort the nine victims.
● Overloading transportation and vehicles not parked according to regulations are illegal acts, but they are not the direct cause of Fuquan explosion. Defenders believe that the evidence provided by the public prosecution agency cannot rule out that the explosives → burning → explosion in this case were caused by the quality of explosives (including packaging).
● Article 3 of the State Council Decree No.493, especially serious accident, refers to the death of more than 30 people; A major accident refers to 10 with more than 30 people; A major accident means that more than 3 people 10 people are caused; A general accident refers to an accident that causes more than 1 person and less than 3 people. According to the above provisions, the provisions of Article 136 of the Criminal Law on "Serious Consequences" shall be applied to this case.
● Fuquan 1 1. 1 The explosion was caused by "seven hidden dangers of a fuse". The defendant should always bear the legal responsibility of management, but he has turned himself in and showed remorse. Should be sentenced to fixed-term imprisonment of not more than three years, suspended or exempted from punishment.
● Lawyers called for the promulgation of "Implementation Measures for Transportation License of Civil Explosive Equipment and Articles" as soon as possible, so as to prevent the explosion tragedy similar to that in Fuquan, Guizhou (11).
abstract
The "2011.1.1.1"explosion in Fuquan, Guizhou Province shocked the whole country and alerted the world. The occurrence of the case exposed many deep-seated problems in the safety management of civil explosives. Modified ANFO explosive is a civil explosive strictly controlled by the state. No matter which link goes wrong in production, sales, transportation, storage and use, it will lead to accidents.
In this case, there are problems from the beginning of handling the transportation certificate. The Management System stipulates that "one vehicle has one license" and "the weight of each vehicle shall not exceed 10 ton", but the issuing authority has handled four transport licenses, each of which is 24 tons, accounting for 96 tons; Secondly, there is a loading problem. The floor of the carriage should be covered with rubber, boards, etc. , but the loading personnel of the sales unit did not pave the way; Your JA 1528 and your JA555 1 truck have an approved loading weight of 33 tons, but the drawer of the sales unit has issued a "delivery summons" of 36 tons. Drivers and escorts change their transportation routes and stop at Machangping. The reason is that the warehouse capacity of the purchasing unit is only 26 tons, which is far from meeting the demand of 72 tons of two cars.
On the second day after the incident, two listed companies issued announcements to shirk their responsibilities. No one doubts whether the explosion is caused by the quality (packaging) problems of explosives of listed companies. However, the defender questioned the product quality (packaging) because the prosecution did not provide strong evidence to rule out the product quality (packaging) problem.