Environmental pollution crime refers to an act that violates the laws and regulations on the prevention and control of environmental pollution, causes environmental pollution and causes serious consequences, and should be punished according to law. The crime of environmental pollution is a kind of crime endangering public health, and the legal interest infringed is environmental resources.
Second, the standards for filing environmental pollution crimes.
According to Article 60 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs, anyone who, in violation of state regulations, discharges, dumps or disposes of radioactive waste, waste containing infectious disease pathogens, toxic substances or other hazardous waste to land, water and atmosphere, thus causing a major environmental pollution accident, should be placed on file for prosecution if he is suspected of one of the following circumstances:
(1) Causing losses of public or private property of more than 300,000 yuan;
(2) Causing the loss or permanent damage to the basic functions of basic farmland, shelter forest land and special-purpose forest land of more than five mu, other agricultural land of more than ten mu and other land of more than twenty mu;
(3) Causing more than 50 cubic meters of forest or other trees to die, or more than 2,500 young trees to die;
(4) Causing one or more deaths, three or more serious injuries, ten or more minor injuries, or one or more serious injuries and five or more minor injuries;
(5) Causing the occurrence, epidemic or poisoning of infectious diseases to reach Grade III or above in the national emergency plan for public health emergencies, which seriously endangers human health;
(6) Other circumstances that cause heavy losses to public or private property or serious consequences of personal injury or death.
The loss of public and private property mentioned in this Article and Article 62 of these Provisions includes the loss of property directly caused by environmental pollution, the actual value reduced, and the expenses incurred by taking necessary and reasonable measures to prevent the spread of pollution and eliminate pollution.
Fourthly, the sentencing standard of environmental pollution crime.
According to Article 338 of the Criminal Law and Article 46 of the Amendment (8), whoever, in violation of state regulations, discharges, dumps or disposes of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances, which seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Based on the above introduction, according to the criminal law, the crime of environmental pollution by enterprises can be sentenced to fixed-term imprisonment of up to seven years. I believe that after reading the above introduction, you have a certain understanding of the legal knowledge of online fraud filing. If you still have legal questions in this field, please consult a lawyer, and they will give you professional answers.
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