Examples of defense words for illegal storage of explosives
Examples of defense words for illegal storage of explosives
The presiding judge and judge:
According to the relevant provisions of the Criminal Procedure Law and the Lawyers Law, Hebei xxx Law Firm accepted the entrustment of Wang's wife and appointed lawyers Li X and Li xx as the second-instance defenders in the case of Wang's illegal storage of explosives. After meeting with the defendant and consulting the file, the defender thought that the facts identified in the first-instance judgment were too simple, deviated from the objective facts and applied legal errors. I hereby express my defense opinions as follows:
1. Defender approves the judgment of first instance? Defendant Wang Moumou is in charge of daily management affairs in the quarry? Have objections.
Through several meetings with Wang Moumou, Wang Moumou said:? The mine is not mine, the quarry is not mine, the boss is not mine, and the explosives are not mine. My authority is only to look after the boss's property. So-and-so and I both work for Li, not the person in charge and the manager. ?
At the same time, the defender found no conclusive evidence to confirm this fact in the case file, and the first-instance judgment lacked evidence to support this point;
Second, this case should be a unit crime, but the first-instance judgment has not yet been determined.
The file materials show that the explosives involved are regular explosives applied by a company and distributed uniformly by a company. The source and usage are legal. The use of explosives in the quarry should be regarded as the company's behavior, and Wang's behavior belongs to the duty behavior. This case should be a unit crime.
According to Article 5 of the Regulations on the Administration of Civil Explosives, the main person in charge is the person in charge of the safety management of civil explosives in this unit. As an ordinary worker in a quarry, Wang obviously can't reach this level, so it is obviously inappropriate to ask him to bear criminal responsibility.
Third, the first-instance judgment found that the circumstances of this case seriously violated the basic principle of suiting crime to punishment.
No matter who bears criminal responsibility in this case, only from the spirit of Article 9 of the Supreme Court's judicial interpretation on explosives crimes, it is understood that in this case, the company obtained explosives from legal channels for legal production and operation, only because of management negligence, the remaining explosives were not delivered to Huimin Explosive Company in time, and no other serious consequences were caused, so it is completely unnecessary to think that the circumstances are serious. However, the first-instance judgment refused to apply the judicial interpretation, and the reasons were not explained in the discussion part, which led to the inapplicability of the applicable legal provisions.
To sum up, the blasting operation unit has not fully established the safety management system and post safety responsibility system, formulated safety precautions and accident emergency plans, set up safety management institutions or equipped full-time safety management personnel in accordance with the Regulations on the Administration of Civil Explosives.
Failing to carry out safety education, legal education and post technical training for employees of this unit, Wang did not know how to deal with the explosive remnants correctly after he found them. Wang is neither the main person in charge of the unit nor the subjective intention of storing explosives for illegal purposes. Part of the first-instance judgment was sentenced to 10 years in prison, which was obviously unfair, and the court of second instance was requested to correct it according to law.
The above defense opinions are for the reference of the collegial panel.
I am here to convey
Baoding Intermediate People's Court
Defender: Li X Li xx
X year x month x day
Related reading:
Relevant legal standards of the crime of illegally storing explosives
According to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Manufacturing, Trading and Transportation of Firearms, Ammunition and Explosives, the starting point of fixed-term imprisonment of not less than three years but not more than ten years is:
1. manufacturing military and non-military guns 1 or more, complete sets of parts 1 or more or more than 50 main parts;
2. Buying, selling, transporting, mailing or storing more than 2 guns, more than 2 complete sets of spare parts or more than 0/00 main parts;
Three, manufacturing more than 500 military and non-military special bullets or buying, selling, transporting, mailing and storing military and non-military special bullets 100 or more;
Four, manufacturing all kinds of explosives 10 kg or more, or buying, selling, transporting, mailing or storing all kinds of explosives more than 20 kg;
Those who reach the standard of the preceding paragraph more than five times belong to? Serious circumstances? .
Have you seen it? Examples of defense for illegal storage of explosives? People have seen:
1.3 copies of the safety commitment letter of the blaster.
2. Blasting safety commitment
3. Speech at the safety accident meeting
4.3 samples of blasting safety commitment letter
5.20 15: There are 3 model essays on the police debriefing report.