What are the provisions of the criminal law on the crime of environmental pollution1. What are the provisions of the Criminal Law on the crime of environmental pollution? Article 338: Whoever, in viol

What are the provisions of the criminal law on the crime of environmental pollution1. What are the provisions of the Criminal Law on the crime of environmental pollution? Article 338: Whoever, in violation of national regulations, discharges, dumps or disposes of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances, seriously polluting the environment, shall be sentenced to three years in prison. The following: fixed-term imprisonment or criminal detention, and concurrently or solely a fine; if the consequences are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. The offender shall be sentenced to fixed-term imprisonment of not less than three years or criminal detention, and shall also or solely be fined. Article 339 Whoever illegally disposes imported solid waste in violation of national regulations and dumps, stacks, or disposes of solid waste overseas shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; causing major environmental pollution accidents and causing heavy losses to public and private property or seriously endangers human health, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years and not less than a fine. If the consequences are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined. Whoever imports solid waste that can be used as raw materials without authorization from the relevant competent departments of the State Council, causing major environmental pollution accidents, causing heavy losses to public or private property or seriously endangering human health, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined. Anyone who imports solid waste, liquid waste, or gaseous waste that cannot be used as raw materials in the name of raw material utilization shall be convicted and punished in accordance with the provisions of paragraphs 2 and 3 of Article 152 of this Law. Article 408: The crime of dereliction of duty in environmental supervision is committed by a staff member of a state agency responsible for the supervision and management of environmental protection who is seriously irresponsible and thus causes a major environmental pollution accident, resulting in heavy losses to public or private property or serious consequences of personal injury or death. , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Environmental Pollution" was issued by the 1581st meeting of the Judicial Committee of the Supreme People's Court on June 8, 2013 and by the Supreme People's Procuratorate at its 1581st meeting on June 8, 2013. Adopted at the seventh meeting of the Twelfth Procuratorate Committee, it is now announced. It is hereby announced and will come into effect on June 19, 2013. Article 4 Anyone who commits criminal acts stipulated in Articles 338 and 339 of the Criminal Law and falls under any of the following circumstances shall be severely punished as appropriate: (1) Obstructing environmental supervision and inspection or investigation of environmental emergencies ; (2) Leaving or dismantling pollution prevention and control facilities, or causing pollution prevention and control facilities to operate abnormally; (3) Violating national regulations, discharging, dumping, and disposing of waste in and around densely populated places such as hospitals, schools, and residential areas; of. (3) Discharging, dumping or disposing of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances in violation of national regulations in and around hospitals, schools, residential areas and other residential areas; (4) In During the period of rectification within a time limit, any person shall discharge, dump or dispose of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances in violation of national regulations. If the conduct in the first paragraph of the preceding paragraph is committed, which constitutes the crime of obstructing public affairs, he shall be punished for the crime of environmental pollution and the crime of obstructing public affairs. Article 5 Whoever commits a crime stipulated in Articles 338 and 339 of the Criminal Law, but takes timely measures to prevent the expansion of losses, eliminate pollution, and actively compensate for losses, may be given a lenient punishment as appropriate. Article 6 If a unit commits a crime stipulated in Articles 338 and 339 of the Criminal Law, the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the conviction and sentencing standards for the corresponding individual crimes stipulated in this Interpretation. Personnel are convicted and punished, and units are fined. Article 7 If a perpetrator knowingly knows that others do not have a business license or exceeds the business scope of a business license, provides or entrusts the collection, storage, utilization, and disposal of hazardous wastes, thereby seriously polluting the environment, he shall be punished with the same crime as the crime of environmental pollution. Article 8 Whoever violates national regulations by discharging, dumping, or disposing of pollutants containing toxic, radioactive, infectious disease pathogens, and other substances, which simultaneously constitutes the crime of environmental pollution, the crime of illegal disposal of imported solid waste, the crime of releasing dangerous substances, etc., shall be punished according to the higher penalty. Serious criminal convictions and penalties. Article 9 The term "loss of public and private property" as used in this Interpretation includes the damage and actual value of property directly caused by environmental pollution, as well as the costs incurred in taking necessary and reasonable measures to prevent the expansion of pollution and eliminate pollution. Article 10 The following substances are identified as "toxic substances": (1) Hazardous wastes, including wastes included in the national list of hazardous wastes, as well as wastes identified as having hazardous characteristics in accordance with national hazardous waste identification standards and methods; (2) Drama Toxic chemicals, chemicals included in the list of hazardous chemicals for key environmental management, and substances containing the above chemicals. (2) Highly toxic chemicals, chemicals included in the list of key environmental management hazardous chemicals, and substances containing the above chemicals; (3) Substances containing lead, mercury, cadmium, chromium and other heavy metals; (4) Listed in Substances in the annex to the Stockholm Convention on Persistent Organic Pollutants; (5) Other toxic substances that may pollute the environment. Article 11 For specialized issues that are difficult to determine in environmental pollution cases, a judicial appraisal institution shall issue an appraisal opinion, or an institution designated by the environmental protection department of the State Council shall issue a test report. Monitoring data issued by environmental protection departments at or above the county level and their affiliated monitoring agencies recognized by the environmental protection departments at or above the provincial level can be used as evidence. Article 12 After this interpretation is promulgated and comes into effect, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Environmental Pollution" (Fa Interpretation [2006] No. 4) will be abolished at the same time; previously issued judicial interpretations and normative documents shall be If this interpretation is inconsistent, this interpretation shall prevail. To sum up, the country advocates long-term peace and stability, so it has made relevant regulations on environmental pollution. In serious cases, it may violate the criminal law. Environmental pollution that endangers people's lives, health and safety will be fined at least, and will face three years at worst. Various prison sentences.