Since there are new changes in judicial interpretations of laws and regulations every year, lawyer Su Yifei will update the criminal sentencing standards on this website page every year:
(2017) Supreme People's Procuratorate, Supplementary provisions of Item (1) of the Ministry of Public Security's "Regulations on the Prosecution Standards for Criminal Cases under the Jurisdiction of Public Security Organs"
10. Article 60 of Item (1) of the "Provisions on the Prosecution Standards for Criminal Cases" The amendment is as follows: [Crimes of Environmental Pollution (Article 338 of the Criminal Law)] Anyone who violates national regulations by discharging, dumping or disposing of radioactive waste, waste containing infectious disease pathogens, or toxic and harmful substances, and is suspected of one of the following circumstances, A case should be filed for prosecution:
(1) Discharging, dumping, or disposing of radioactive waste, waste containing infectious disease pathogens, toxic substances, or other harmful substances.
(2) Illegal discharge, dumping or disposal of more than three tons of hazardous waste;
(3) Discharge, dumping or disposal of hazardous waste containing lead, mercury, cadmium, chromium, arsenic and thallium , antimony and other pollutants exceeding the national or local pollutant discharge standards by more than three times;
(4) Discharging, dumping, and disposing of pollutants containing nickel, copper, zinc, silver, vanadium, manganese, and cobalt Pollutants exceeding the national or local pollutant discharge standards by more than ten times;
(5) Discharge through hidden pipes, seepage wells, seepage pits, fissures, caves, landfills, etc. to avoid supervision , dumping or disposing of radioactive waste, infectious disease waste containing pathogens, or toxic substances;
(6) Discharging, dumping, or disposing of radioactive waste or infectious disease pathogens in violation of national regulations within two years Waste or toxic substances have been subject to administrative penalties for more than two times and commit the acts in the preceding paragraph again;
(7) Key pollutant discharge units tamper with or falsify automatic monitoring data or interfere with automatic monitoring facilities, and discharge chemical oxygen demand, ammonia nitrogen, Sulfur dioxide, nitrogen oxides and other pollutants;
(8) Illegal reduction of more than 1 million yuan in operating funds for pollution prevention and control facilities;
(9) Illegal gains or losses to public or private property More than 300,000 yuan;
(10) Causing serious damage to the ecological environment;
(11) Causing water supply to centralized drinking water sources above townships to be interrupted for more than 12 hours ;
(12) Causes more than 5 acres of basic farmland, protective forest land, and special-purpose forest land, more than 10 acres of other agricultural land, and more than 20 acres of other land to lose basic functions or suffer permanent damage;
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(13) Causing the death of more than 50 cubic meters of forest or other forest trees, or the death of more than 2,500 saplings;
(14) Causing the evacuation or resettlement of more than 5,000 people;
(15) Causing poisoning to more than 30 people;
(16) Causing more than 3 people to suffer minor injuries, slight disabilities or damage to organs and tissues, resulting in general functional impairment;
(17) Causing serious injury, moderate disability or organ tissue damage to more than one person, resulting in severe functional impairment;
(18) Other behaviors that seriously pollute the environment.
The "toxic substances" specified in this article include wastes with hazardous characteristics that are listed in the national list of hazardous wastes or identified as hazardous wastes in accordance with national hazardous waste identification standards and methods, and are listed in the "On Persistent Organic Pollution" Substances in the Annexes of the Stockholm Convention on Chemical Substances, pollutants containing heavy metals and other toxic substances that may pollute the environment.
The "illegal disposal of hazardous wastes" stipulated in this article includes extracting substances from hazardous wastes as raw materials or fuel for the purpose of profit without obtaining a hazardous waste business license, as well as excessive discharge of pollutants and illegal dumping pollutants or other illegal activities that cause environmental pollution.
The "key pollutant discharge units" stipulated in this article refer to key monitoring enterprises and other units that install and use automatic monitoring equipment for pollutant discharge as determined by the environmental protection department of the people's government at or above the districted city level in accordance with the law.
The "public and private property losses" stipulated in this article include the actual value of the property loss, the reduction, the expenses incurred in taking necessary and reasonable measures to prevent the expansion of pollution and eliminate pollution, and the emergency response to environmental emergencies. Monitoring costs.
The "ecological environment damage" stipulated in this article includes the cost of restoring the ecological environment, the loss of service functions during the restoration of the ecological environment, the losses caused by permanent damage to the ecological environment functions, and other necessary and reasonable expenses.
The "failure to obtain a hazardous waste business license" as stipulated in this article refers to the failure to obtain a hazardous waste business license or to exceed the business scope specified in the hazardous waste business license.
(2008) Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Filing Standards for Criminal Cases under the Jurisdiction of Public Security Organs (1)
Article 60 [Case of Major Environmental Pollution Accidents (Criminal Law Article 1) Article 338: Violating state regulations by discharging, dumping, or disposing of radioactive waste, waste containing infectious disease pathogens, toxic substances, or other hazardous waste materials or other hazardous waste, causing major environmental pollution accidents, one is suspected of one of the following circumstances A case should be filed for prosecution:
(1) Causes a loss of more than 300,000 yuan to public and private property;
(2) Causes a loss of five acres of basic farmland, protective forest land, and special-purpose forest land More than ten acres of other agricultural land, and more than twenty acres of other land have lost their basic functions, or suffered permanent (3) death of more than 50 cubic meters of forest or other forest trees, or more than 2,500 saplings. ;
(4) Causing the death of one or more people, serious injuries to three or more people, minor injuries to more than ten people, or causing serious injuries to one or more people and minor injuries to five or more people;
(5) Causing The occurrence and spread of infectious diseases or the poisoning of people have reached the level of public health emergencies grade III or above in the "National Overall Emergency Plan for Public Health Emergencies", seriously endangering human health;
(6) Others Public or private property suffers heavy losses or casualties cause serious consequences.
The "losses to public or private property" specified in this article and Article 62 include damage or reduction of property directly caused by pollution of the environment, in order to prevent the spread of pollution and The actual value of the expenses incurred in taking necessary and reasonable measures to eliminate pollution.
(2017) "Interpretation of Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Environmental Pollution" by the Supreme People's Court and the Supreme People's Procuratorate. >
Article 1: Any person who commits the acts specified in Article 338 of the Criminal Law under any of the following circumstances shall be deemed as "seriously polluting the environment":
(1) In drinking water sources Discharge, dump, and dispose of radioactive waste, waste containing infectious disease pathogens, and toxic substances in the core areas of first-level protected areas and nature reserves;
(2) Illegal discharge, dumping, and disposal of more than three tons of hazardous waste
(3) Discharge, dump, or dispose of pollutants such as lead, mercury, cadmium, chromium, arsenic, thallium, antimony, etc., exceeding the national or local pollutant emission standards by more than three times.
or more than three times the local pollutant discharge standards;
(4) Discharge, dump, or dispose of pollutants containing nickel, copper, zinc, silver, vanadium, manganese, and cobalt, exceeding national or local pollutant discharge standards More than ten times the emission standard;
(5) Discharging, dumping, and disposing of radioactive waste and waste containing infectious disease pathogens through hidden pipes, seepage wells, seepage pits, fissures, caves, perfusion, etc. to avoid supervision. Waste, waste, and toxic substances;
(6) Having been punished more than twice within two years for discharging, dumping, and disposing of radioactive waste, waste containing infectious disease pathogens, and toxic substances in violation of national regulations Administrative penalties are imposed, and the behavior in the preceding paragraph is committed again;
(7) Key pollutant discharge units tamper with, falsify automatic monitoring data or interfere with automatic monitoring facilities, and discharge chemical oxygen demand, ammonia nitrogen, sulfur dioxide, nitrogen oxides and other pollution Property;
(8) Illegal pollution reduction and prevention and control facilities operating expenses of more than 1 million yuan;
(9) Illegal gains or losses of more than 300,000 yuan to public or private property;
(10) Causing serious damage to the ecological environment;
(11) Causing centralized drinking water sources in cities above towns and cities to be interrupted for more than 12 hours;
(12) Causes more than five acres of basic farmland, protective forest land, and special-purpose forest land, more than ten acres of other agricultural land, and more than twenty acres of other land to lose basic functions or suffer permanent damage;
(10) 3) Causes the death of more than 50 cubic meters of forest or other forest trees, or the death of more than 2,500 saplings
(14) Causes the evacuation or transfer of more than 5,000 people;
( 15) Causing poisoning to more than 30 people;
(16) Causing more than 3 people to suffer minor injuries, mild disabilities, or organ and tissue damage leading to general functional impairment;
(10) 7) Causing serious injury, moderate disability, or organ and tissue damage to one or more people, resulting in severe functional impairment;
(17) Causing serious injury, moderate disability, or organ and tissue damage to one or more people, resulting in severe functional impairment ;
(18) Other behaviors that seriously pollute the environment.
Article 2 Acts that violate the provisions of these Regulations: Carrying out acts stipulated in Articles 339 and 408 of the Criminal Law, resulting in a loss of more than 300,000 yuan in public or private property, or having the following characteristics: Interpretation of any of the circumstances specified in Items 10 to 17 of Article 1 shall be determined as "causing heavy losses to public or private property or seriously endangering human health" or "causing heavy losses to public or private property or seriously endangering human health" or " Causing serious losses to public and private property." "Resulting in serious consequences such as heavy damage to public or private property or personal injury or death."
Article 3: Any person who commits the acts specified in Articles 338 and 339 of the Criminal Law under any of the following circumstances shall be deemed to have "particularly serious consequences":
(1) Interrupting water collection from centralized drinking water sources in cities above the county level for more than 12 hours;
(2) Illegal discharge, dumping, or abandonment of water bodies.
) Illegal discharge, dumping or disposal of more than 100 tons of hazardous waste;
(3) causing basic farmland, protective forest land, special-purpose forest land of more than 15 acres, other agricultural land of more than 30 acres, 60 Loss of basic functions or permanent damage to other land exceeding an acre;
(4) Causing the death of more than 150 cubic meters of forest or other forest trees, or the death of more than 7,500 saplings;
(5) Causing public and private property losses of more than one million yuan;
(6) Causing particularly serious damage to the ecological environment;
(7) Causing a Evacuation and resettlement of more than 5,000 people;
(8) Causing poisoning to more than 100 people;
(9) Causing minor injuries to more than ten people;
(10) Causing serious injuries, moderate disabilities, or organ and tissue damage to more than three people, or general functional impairment due to organ and tissue damage; causing serious injuries, moderate disabilities, or organ and tissue damage to more than one person, causing serious functional impairment, and causing minor injuries or minor injuries to more than five people. Disability or damage to organs and tissues leading to general functional impairment;
(11) Causing the death or severe disability of more than one person;
(13) Other situations with particularly serious consequences.
Article 4 Whoever commits the crimes specified in Articles 338 and 339 of the Criminal Law shall be severely punished:
(1) Obstructing environmental supervision and inspection or The investigation of environmental emergencies does not constitute the crime of obstructing public affairs;
(2) Violating national regulations by discharging, dumping, or disposing of waste in or near hospitals, schools, residential areas, and other places with concentrated populations of. (2) Discharging, dumping, and disposing of radioactive waste, waste containing infectious disease pathogens, toxic substances, or other harmful substances in violation of national regulations in and near hospitals, schools, residential areas, and other densely populated areas;
(3) Discharge, dump, or dispose of radioactive waste, infectious disease waste containing pathogens, toxic substances, or other harmful substances in violation of national regulations during the period of heavy pollution weather warning, during the occurrence of environmental emergencies, or during the period when rectification is ordered within a time limit. Substances;
(4) Discharge, dump, or dispose of radioactive waste, infectious disease waste containing pathogens, toxic substances, or other harmful substances in violation of national regulations with a hazardous waste business license.
Article 5: The conduct stipulated in Articles 338 and 339 of the Criminal Law has just reached the standard of criminal responsibility, but the perpetrator takes timely measures to prevent the expansion of losses and eliminate pollution. If the offender is a first-time offender, compensates for all losses, actively restores the ecological environment, and shows signs of repentance, the offense may be deemed to be minor and will not be pursued or be exempted from criminal punishment; if a criminal penalty is required, the offender shall be leniently punished. If a penalty is required, it should be given a lighter punishment.
Article 6 Whoever engages in hazardous waste collection, storage, utilization and disposal activities without a hazardous waste business license and seriously pollutes the environment shall be punished according to the crime of environmental pollution; if it also constitutes the crime of illegal business, the punishment shall be heavier according to the crime of environmental pollution. prescribed penalties.
Any person who commits the acts in the preceding paragraph and does not discharge pollutants beyond the standard, illegally dump pollutants or cause environmental pollution due to other illegal acts may be deemed to be an illegal business operator. If the harm is obvious and slight, it will not be considered a crime; it constitutes a crime. Those who commit other crimes such as producing and selling counterfeit and inferior products shall be punished as other crimes.
Article 7 Anyone who knowingly provides or entrusts another person with a hazardous waste business license to collect, store, utilize, or dispose of hazardous waste that seriously pollutes the environment will be punished with a ****.
Article 8 Violates state regulations by discharging, dumping, or disposing of pollutants containing toxic, radioactive, infectious disease pathogens, etc., which simultaneously constitutes the crime of environmental pollution, the crime of illegal disposal of imported solid waste, and the crime of releasing hazardous substances , convicted and punished in accordance with the provisions of heavier penalties.
Article 9 If an environmental impact assessment agency or its staff deliberately provides false environmental impact assessment documents, the circumstances are serious or the circumstances are seriously irresponsible, and the environmental impact assessment documents issued are seriously inaccurate, causing serious consequences, they shall be punished in accordance with the Criminal Law. According to the provisions of Articles 229 and 231, the crime of providing false certification documents or the crime of issuing certification documents that are seriously inaccurate shall be convicted and punished. punishment.
Article 10: Anyone who violates national regulations and commits the following acts against the environmental quality monitoring system, or orders, instructs, or instructs others to commit the following acts, shall be subject to the provisions of Article 286 of the Criminal Law in order to damage the computer: Punishment for information system crimes:
(1) Modifying parameters or monitoring data;
(2) Interfering with sampling, resulting in serious distortion of monitoring data;
( 2) Interfering with sampling and causing distortion of monitoring data;
(3) Other behaviors that undermine the environmental quality monitoring system.
Key pollutant discharge units tamper with, falsify automatic monitoring data or interfere with automatic monitoring facilities, and discharge chemical oxygen demand, ammonia nitrogen, sulfur dioxide, nitrogen oxides and other pollutants, which simultaneously constitutes the crime of environmental pollution and the crime of damaging computer information systems If the offender is found guilty, he shall be convicted and punished according to the provisions of heavier punishment.
Personnel engaged in the maintenance and operation of environmental monitoring facilities who commit or participate in tampering or forging automatic monitoring data, interfering with automatic monitoring facilities, or damaging the environmental quality monitoring system shall be severely punished.
Article 11 If a unit commits any illegal act stipulated in this Interpretation, it shall be convicted and punished in accordance with the conviction and sentencing standards stipulated in this Interpretation, and the directly responsible person in charge and other directly responsible personnel shall be fined.
Article 12 The monitoring data collected by the environmental protection authorities and their affiliated monitoring agencies during the administrative law enforcement process can be used as evidence in criminal proceedings.
Public security organs, alone or in conjunction with the environmental protection authorities, extract pollutant samples for testing, and the data obtained can be used as evidence in criminal proceedings.
Article 13 For wastes listed in the "National List of Hazardous Wastes", the source and production process of the substances involved, the defendant's confession, witness testimony, and approved or filed environmental impact assessment documents, etc. Evidence shall be determined based on the written opinions issued by the environmental protection authorities and public security organs.
The amount of hazardous waste can be determined based on evidence such as the defendant’s confession, the production process, material consumption, energy consumption, and approved or filed environmental impact assessment documents of the enterprise involved.
Article 14: If it is difficult to determine the specific circumstances of the environmental pollution involved in the case, it shall be based on the appraisal opinions issued by the judicial appraisal agency or the report issued by the agency designated by the environmental protection department of the State Council or the public security department, combined with other evidence for identification.
Article 15 The following substances shall be recognized as "toxic substances" stipulated in Article 338 of the Criminal Law:
(1) Hazardous waste refers to hazardous wastes listed in the national Waste lists or wastes with hazardous characteristics that are identified as hazardous wastes in accordance with national hazardous waste identification standards and methods;
(2) Substances listed in the annex of the Stockholm Convention on Persistent Organic Pollutants;
(3) Pollutants containing heavy metals;
(4) Other substances that are toxic and may pollute the environment.
Article 16 Without a hazardous waste business license, for the purpose of profit, using hazardous waste as raw materials or fuel, and having excessive discharge of pollutants, illegal dumping of pollutants or other illegal circumstances causing environmental pollution , should be deemed as "illegal disposal of hazardous waste".
Article 17 The term "two years" as used in this Interpretation shall be calculated and determined based on the time interval between the date when the administrative penalty for the first illegal act takes effect and the date when the corresponding act occurs.
The term "key pollutant discharge units" as mentioned in this interpretation refers to the units that the environmental protection departments of the people's governments at or above the districted city level are required to install and use automatic pollutant discharge monitoring equipment in accordance with the law. Focus on monitoring enterprises and other units with automatic emission monitoring equipment.
The term "illegal gains" in this interpretation refers to all illegal gains obtained from the conduct of acts stipulated in Articles 338 and 339 of the Criminal Law.
The term "public and private property losses" as used in this interpretation includes the actual value of property losses or decreases directly caused by the implementation of acts stipulated in Articles 338 and 339 of the Criminal Law. The expenses incurred in taking necessary and reasonable measures to prevent the expansion of pollution and eliminate pollution, as well as the expenses for emergency monitoring to deal with environmental emergencies. Monitoring costs.
The term "ecological environmental damage" in this interpretation includes ecological environment restoration costs, losses caused by loss of service functions during ecological environment restoration and permanent damage to ecological environment functions, as well as other necessary and reasonable expenses.
The term "no hazardous waste business license" as used in this interpretation refers to the act of operating hazardous waste without obtaining a hazardous waste business license or operating hazardous waste beyond the business scope specified in the hazardous waste business license.
Article 18 This interpretation will come into effect on January 1, 2017. After the implementation of this interpretation, 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 of Environmental Pollution" (Fa Interpretation [2013] No. 15) will be abolished at the same time; if the judicial interpretation is inconsistent with this interpretation before it is promulgated, this interpretation shall prevail. The explanation shall prevail.