At the same time, the state has also stepped up its crackdown on oil theft. In the past, the crime of stealing oil was generally convicted and sentenced according to crimes such as theft and duty embezzlement. On June 5438+1October 65438+May 5, 2007, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Stealing Oil and Gas and Destroying Oil and Gas Equipment. The promulgation of this judicial interpretation has intensified the crackdown on destructive oil theft, that is, destructive oil theft may be convicted and sentenced for the crime of destroying flammable and explosive equipment in the crime of endangering public security, and the maximum sentence may be death.
Combined with the channels of stealing refined oil discovered by our company and our brother companies in the special rectification work against oil stealing, and the trend of cracking down on the behavior of stealing refined oil in China, the discussion is as follows:
First, the main channels and means for criminals to steal refined oil
(a) theft of refined oil through oil depot channels
1. The seal of flowmeter is not strictly managed, and it is used by some lawless people to steal oil from it and obtain illegal benefits.
2. A few oil depot employees colluded with tanker drivers to steal oil products and illegally modified the data of microcomputer database of oil depot oil delivery, thus achieving the criminal purpose of stealing oil products.
3. The employees of the oil depot colluded with the carrier, forged the acceptance data of incoming goods, inflated the acceptance quantity, and left the excess oil in the carrier's transport container, which was handled by the carrier and shared with the spoils.
(two) stealing refined oil through the secondary distribution and transportation channels of refined oil.
1. Change the tank structure of the tanker, transform the metering hole into a rotatable type, and cut a groove at the bottom of the tank. When metering out of the warehouse, rotate it to the height of the foot, and then rotate it to the groove after stealing the oil, so that the oil is too high for the gas station to measure.
2. The concealed pipe is connected to the self-use fuel tank on the fuel tank of the tanker in a concealed way to achieve the purpose of stealing;
3. A black box and a small ball valve are added to the fuel tank of the tanker. When loading oil, the small ball valve at the lower part of the dark bin is closed, and the dark bin is loaded with oil from the upper opening. When the total amount of oil in the gas station is enough for measurement and acceptance, the oil in the dark warehouse cannot be unloaded after unloading, and the intercepted oil is unloaded and sold by the driver on the way back;
4. refit the breathing valve of the tanker to disguise its appearance, which can actually be easily disassembled and pumped with a small hose;
5. The oil loading hole of the tanker is cut at the flange, which makes it very hidden and movable. After the oil loading port is sealed with lead, the lead seal can be stolen without being destroyed when flange cover is mentioned;
6. When loading oil into the warehouse, add a gasket under the pressure gauge of the tanker, take out the gasket after stealing oil during transportation, and falsely increase the measuring height during acceptance;
7. Put down the sponge in the tank of the tanker, and it can't be unloaded after the oil is sucked. When you return, squeeze out the oil in the sponge;
8. Colluding with the oil depot measurers, the seal is not sealed, and the seal is sealed after stealing oil in transit. After arriving at the gas station, it is difficult for the measurer to find the oil stolen on the way;
9. Colluding with the gas station measurers, cutting lead seals and stealing oil, the gas station measurers passed the default acceptance, and * * * shared the spoils.
(3) Stealing refined oil through gas station channels
1. The relevant staff did not pay attention to the unloading work, and did not inspect the warehouse after unloading, resulting in the residual oil of the tanker not being fully unloaded, and the tanker driver sold the stolen goods on the way back;
2. The relevant staff colluded with the tanker driver and deliberately did not unload the oil. After the driver sells the stolen goods, * * * shares the stolen goods;
3. After the tanker arrives at the station, in order to observe the water impurities, the observed oil products are deliberately not returned to the tank from the bottom of the tank to be stolen;
4. Individual gas stations make false accounts, falsely report losses, and collude with tanker drivers inside and outside to commit crimes;
5. If the air pressure of individual tankers is insufficient, emergency cut-off valve will be closed ahead of schedule. When the gas station has not inspected the goods and put them in storage, the driver will sell the stolen goods on the return trip;
6. Poor management of the returned oil, stealing the returned oil for your own use (private sale, private use, etc.). ), on the bill or back to the tank, increasing the loss of oil;
Second, the national sentencing standards for the crime of stealing oil.
(a) the handling of the person responsible for the theft of refined oil
According to the role of the person responsible for stealing refined oil in the crime, the criminal means adopted and the position in the company, different penalties should be applied.
1. The person responsible for stealing oil was convicted of theft.
Article 264 of the Criminal Law stipulates that stealing a large amount of public or private property in secret or stealing public or private property many times for the purpose of illegal possession constitutes theft.
According to Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases, the criteria for the identification of theft of public and private property are as follows: First, if the value of personal theft of public and private property is more than 2,000 yuan in 500 yuan, it is identified as "a large amount". Second, individuals who steal public or private property with a value of more than 5,000 yuan to 20,000 yuan belong to a "huge amount". Third, individuals who steal public or private property with a value of more than RMB 30,000 yuan and less than RMB 100,000 yuan belong to a "particularly huge amount". The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the standards of "large amount", "huge amount" and "especially huge" implemented in their respective regions within the scope of the amount specified in the preceding paragraph.
Therefore, those responsible for stealing oil products should be treated differently according to the specific circumstances:
(1) If the person responsible for stealing a small amount of oil for the first time is not satisfied with the prosecution standard stipulated in the above judicial interpretation, it can be handled in accordance with the rules and regulations of the enterprise, or it can be transferred to the public security organ for handling in accordance with the relevant provisions of the Law on Public Security Administration Punishment.
(2) The person responsible for stealing a small amount of oil for many times (more than three times) shall be investigated for criminal responsibility for theft, regardless of the accumulated amount involved and whether it meets the prosecution standard.
(3) If the person responsible for stealing oil meets the prescribed prosecution standards of "large amount", "huge amount" and "extremely huge amount", according to the provisions of Article 264 of the Criminal Law, if the amount of stealing public or private property is large or many times, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
2. The person responsible for stealing refined oil shall be convicted and sentenced for the crime of duty embezzlement.
According to the provisions of Article 271 of the Criminal Law, personnel of companies, enterprises or other units who take advantage of their positions and illegally take the property of their own units for themselves, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
(two) the handling of those responsible for endangering public safety and stealing oil by destructive means.
On June 5438+1October 65438+May 5, 2007, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Stealing Oil and Gas and Destroying Oil and Gas Equipment. "Oil and natural gas" in this interpretation refers to oil and natural gas. Among them, oil includes crude oil and refined oil; Natural gas includes coalbed methane. "Oil and gas equipment" refers to inflammable and explosive equipment used for producing, storing and transporting oil and natural gas.
This interpretation came into effect on June 65438+1October 65438+September 2007. This is the first judicial interpretation on the specific application of legal issues in handling oil-related criminal cases such as stealing oil and gas and destroying oil and gas equipment in China, which provides a clear legal basis and guarantee for severely and effectively punishing oil-related criminal activities.
1, which acts of stealing oil constitute the crime of destroying inflammable and explosive equipment?
According to the first explanation, in the process of stealing oil and gas, using cutting, drilling, prying, disassembling, switching and other means to destroy the oil and gas equipment in use belongs to the act of' destroying gas or other flammable and explosive equipment' as stipulated in Article 118 of the Criminal Law.
2. The criminal responsibility of the responsible person who constitutes the crime of destroying inflammable and explosive equipment but has not caused serious consequences.
Those who endanger public security and have not caused serious consequences shall be convicted and punished in accordance with the provisions of Article 118 of the Criminal Law and sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
3. The criminal responsibility of the responsible person who constitutes the crime of destroying inflammable and explosive equipment and has not caused serious consequences.
According to the provisions of Article 2 of this Interpretation, one of the following circumstances is "causing serious consequences" as stipulated in the first paragraph of Article 119 of the Criminal Law, and shall be convicted and punished in accordance with the first paragraph of Article 119 of the Criminal Law: (1) Causing more than one death, more than three serious injuries or more than ten minor injuries; (2) Causing a blowout or a major environmental pollution accident; (3) Causing direct economic losses of more than 500,000 yuan; (4) Causing other serious consequences.
Whoever destroys inflammable and explosive equipment and causes serious consequences shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
4. If the theft of oil and gas also constitutes the crime of stealing and destroying inflammable and explosive equipment, it shall be convicted and punished in accordance with the provisions of the Criminal Law with heavier punishment.
5. Whoever conceals, transfers, purchases, processes, sells or conceals or disguises in other ways knowing that it is the stolen goods obtained from crime shall be convicted and punished in accordance with the provisions of Article 312 of the Criminal Law, that is, whoever conceals, transfers, purchases or sells on behalf of crime knowing that it is the proceeds of crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined.
Third, related cases
1On July 27th, 2007, the first submarine oil theft case in China was publicly pronounced in the first instance in Dongying City, Shandong Province, and the two principal offenders were sentenced to death by the court of first instance.
In addition, the other three criminals involved were sentenced to suspended death and life imprisonment respectively. In this submarine oil theft case, the submarine oil pipeline in Shengli Oilfield was illegally drilled, and 10 ton crude oil was stolen, and a large amount of crude oil leaked, which caused serious pollution to the nearby sea area. According to statistics, the direct economic loss is nearly 400 million yuan. The judicial organs imposed the above-mentioned heavy punishment on the criminals in this case, and organized a huge public sentencing meeting in the place where the case occurred.
2. From October 23rd, 2006 to February 23rd, 2003, Guan Youju and Chen Maokuan stole 37 cases of 437.4 tons of crude oil from the oil pipeline in hua county, Puyang and Zhen, Xinxiang City, respectively, resulting in 337 cases of crude oil loss, emergency repair, pollution compensation and pipeline dredging expenses.
At the trial, the Jiaozuo Intermediate People's Court held that Li Shisheng and other four people had serious criminal consequences and great social harm, so they should be severely punished, so they sentenced criminals Li Shisheng, Guan Youju, Chen Maokuan and Wang Xiangwei to death respectively. All four criminals appealed the verdict. The Higher People's Court of Henan Province made a final ruling, rejected the appeal and upheld the original judgment. With the authorization of the Supreme People's Court, it sentenced four criminals to death and deprived them of political rights for life.
3. At 9: 00 a.m. on July 27th, 2006, Lanzhou-Chengdu-Chongqing Oil Pipeline "12? 19 "drilling oil theft case came to a final conclusion in Guangyuan City, Sichuan Province.
Among the criminal gangs composed of eight criminals, the principal criminals Ding Hanqin and Xingguo Luo were sentenced to death and deprived of political rights for life for the crime of destroying inflammable and explosive equipment; Zhang Wenjie was sentenced to death with a two-year suspension; The remaining five criminals were sentenced to fixed-term imprisonment ranging from 4 years to 8 years.
4. On June 65438+February 1 day, 2007, the People's Court of Licheng District, Quanzhou City, Fujian Province made a criminal judgment on a case in which a tanker driver stole oil products from an oil sales enterprise in our province.
It was found through trial by the court that the defendants Li Zhao, Zhang Xuebo and Wan were all tanker drivers of Quanzhou Branch of Fujian Petrochemical Oil Transportation Company. Defendants Li Zhao and Chen Wenqing installed a cylindrical oil tank in the tank of the tanker, then installed a piston switch under the tank to control the oil to flow out and steal the oil, and then sold the stolen oil to Chen Guogan and Defendant Xiong Meilin. Defendants Zhang Xuebo and Wan, while transporting oil, privately tried to open the lead seal on the tanker to steal oil and sold the stolen oil to the defendant Xiong Meilin. Defendant Xiong Meilin knew that the oil was stolen and still bought it. To this end, the Licheng District Court of Quanzhou City held that the actions of the defendants Li Zhao, Zhang Xuebo, Wan, and Wan constituted theft, and the amount was relatively large, and they were sentenced to six months to eight months in prison and fined 2,000 yuan to 5,000 yuan respectively; The defendant Xiong Meilin's behavior has constituted the crime of covering up and concealing the crime and the proceeds from the crime. He was sentenced to nine months' imprisonment and fined 3000 yuan.