Case analysis of the crime of producing and selling products that do not meet safety standards

Jiangxi Pingxiang Intermediate People's Court

criminal judgement

(2000) Xing Ping Yidi 14

Public Prosecution Organ: People's Procuratorate of Pingxiang City, Jiangxi Province.

Defendant Shen Zhiming, male, born in June of19561/year, Han nationality, native of Shangli County, Jiangxi Province, high school educated, farmer, living in Shuiwoli Formation, Shiling Village, Dongyuan Township, Shangli County. On March 4, 2000, he was criminally detained on suspicion of committing a serious accident, and was arrested on March 7, 2000 on suspicion of committing a dangerous goods accident. He is now in Pingxiang No.1 Detention Center.

Defenders: Zhang Jianhua and Zhu Shuiqing, lawyers of the Second Law Firm of Yichun City, Jiangxi Province.

Defendant Zeng Xiaofang, female,1born on February 3, 974, Han nationality, native of Shangli County, Jiangxi Province, junior high school education, farmer, living in Zengjia Formation, Shiyuan Village, Dongyuan Township, Shangli County. On March 29, 2000, he was arrested on suspicion of causing accidents with dangerous goods. He is now in Pingxiang No.1 Detention Center.

Defender: Yang Zhihui, lawyer of Jiangxi Pingxiang Law Firm.

Defendant Huang Wei, male, born on10.4, 1965, Han nationality, native of Shangli County, Jiangxi Province, high school culture, farmer, living in Heliantang Formation, Shiyuan Village, Dongyuan Township, Shangli County. On March 6, 2000, he was criminally detained on suspicion of committing a serious accident, and was arrested on March 7, 2000 on suspicion of committing a dangerous goods accident. He is now in Pingxiang No.1 Detention Center.

Defenders: Xu Zhenwu and Xie Ning, lawyers of Jiangxi Zhenwu Law Firm.

Defendant He Jinyi, male, 1956 65438+2 1 was born in February, Han nationality, born in Zhangzhou City, Fujian Province, with a primary school education and an individual industrial and commercial household, and lives in Hongxia Village, Guanren Town, Zhangpu County, Zhangzhou City. He was criminally detained on March 6, 2000 on suspicion of harboring, and was arrested on the 26th of the same month. He is now in Pingxiang No.1 Detention Center.

Defender: He, lawyer of Jiangxi Law Firm.

Defendant Peng Li, female, born on February 22nd, 1967, Han nationality, native of Shangli County, Jiangxi Province, junior high school education, farmer, lives in Heliantang Formation, Shiyuan Village, Dongyuan Township, Shangli County. He was criminally detained on March 5, 2000 on suspicion of harboring, and was arrested on March 20, 2000 on suspicion of causing trouble with dangerous goods. He is now in Pingxiang No.1 Detention Center.

Defenders: Wu Pengyuan and Wu Zhonghua, lawyers of Jiangxi Huachang Law Firm.

Defendant Huang Zhi, male, born on February 9, 1972, Han nationality, native of Shangli County, Jiangxi Province, junior high school education, farmer, lives in Heliantang Formation, Shiyuan Village, Dongyuan Township, Shangli County. He was criminally detained on March 5, 2000 on suspicion of harboring, and was arrested on March 6, 2000 on suspicion of harboring. He is now in Pingxiang No.1 Detention Center.

Defender: Pan Hongquan, lawyer of Jiangxi Zhenwu Law Firm.

The People's Procuratorate of Pingxiang City, Jiangxi Province charged the defendants Shen Zhiming, Huang Wei and Peng Li with the crime of illegally manufacturing explosives with indictmentNo. (2000) Xiang Xing Chu Zi 14. Defendant Peng Li committed the crime of harboring, defendant Zeng Xiaofang committed the crime of causing accidents by dangerous goods, defendant He Jinyi committed the crime of harboring, and defendant Huang Zhi committed the crime of harboring. On May 25th, 2000, they filed a public prosecution with our hospital. Our court formed a collegial panel according to law and heard the case in public. Pingxiang Municipal People's Procuratorate appointed prosecutors Han Jinping, Yu Huaming, Deng Zhongyan and attorney Zhou Yong to appear in court to support the public prosecution. Defendants Shen Zhiming, Huang Wei, Peng Li, Zeng Xiaofang, Huang Zhi, He Jinyi and their defenders Zhang Jianhua, Zhu Shuiqing, Xu Zhenwu, Xie Ning, Wu Pengyuan, Wu Zhonghua, Yang Zhihui, Pan Hongquan and He Yunteng attended the proceedings. The trial is now over.

The public prosecution agency accused the defendant, Shen (who died in the accident), of setting up the Shiling Firecracker Factory in Dongyuan Township privately onNo. 1995, and put it into production until March 20001kloc-0 without handling the explosives safety production license, explosives safety formula license and explosives sales license. On September 22nd, 1998, the relevant departments of Shangli County issued a notice of hidden dangers rectification, requesting the factory to stop production. In late February, 2000, the defendants Shen Zhiming and Huang Wei verbally agreed with Fujian Nan 'an Native Produce Company to buy and sell firecrackers with a car model of 20× 4.4cm,18× 3.9cm and12× 3cm. After accepting the business, the two defendants immediately returned to Pingxiang and asked Shen to inspect the samples. 1 in March, the defendant Huang Wei supplied 1 ton of potassium chlorate to Shiling Firecracker Factory to make firecrackers. On March 2, Shen handed six samples of firecrackers to the defendant Huang Wei and asked him to take them to Fujian to see if he could still find a buyer. On March 4th, Defendants Shen Zhiming and Peng Li went to Dayao Town, Liuyang City, Hunan Province, and used the cash provided by Defendant Huang Wei 1000 yuan to buy 3 tons of paper for making firecrackers, and started to make firecrackers in batches. After the defendant Huang Wei arrived in Fujian, he made an oral agreement with Xu Kun, a local product company in Jinjiang City, Fujian Province, to buy and sell firecrackers. The model and quantity are 25×5cm 50 pieces, 20×4.4cm 40 pieces, 15×3.9cm 20 pieces, 12× 13CM, and Tomb-Sweeping Day is agreed. Defendant Huang Wei immediately called Shen to tell him about the order, and then called the defendant to ask him to inform Shen to speed up the production progress. The defendant informed Shen of the contents of the phone call. On March 6th, the defendant Shen Zhiming brought several samples of firecrackers to Fujian. In order to catch up with the time, Shen promised to pay the processing fee in cash to the villagers who came to process it. On the morning of March 1 1, 86 people came to work in Shiling Firecracker Factory. Because it was raining at that time, the defendant Zeng Xiaofang was afraid that the semi-finished firecrackers would get wet, so he agreed that people who should have picked up materials at home should go to crowded factories to process them, and also distributed the semi-finished products to working students. At about 9: 30 a.m. on March 1 1, Li Hua (who died in the accident) violated the operating rules when dispensing medicine, and a friction fire broke out, and then four explosions occurred in the hall where big firecrackers and red firecrackers were stored, resulting in the collapse of brick and tile factories, resulting in 33 deaths, 3 serious injuries, 8 minor injuries and 2 minor injuries. The charge of each big firecracker extracted by on-site inspection is 12.64g, in which the content of potassium chlorate accounts for 46.2%, which violates the stipulation in Safety and Quality of Fireworks and Firecrackers in People's Republic of China (PRC) that it is forbidden to use chlorate as initiator when the charge of a single firecracker product is more than 0.05g Defendants Shen Zhiming, Huang Wei and Peng Li organized and participated in the production of large firecrackers, and the charge exceeded the national regulation of 2,565,438.

In view of the facts of the above allegations, the public prosecution agency presented and read out the rectification notice of the relevant departments of Shangli County to Shiling Firecracker Factory in court. The Law of People's Republic of China (PRC) on the Safety and Quality of Fireworks and Firecrackers stipulates that chlorate is forbidden to be used as the initiator when the single charge of firecrackers is more than 0.05g The inspection report of large firecrackers extracted from the explosion site by the Fireworks and Firecrackers Quality Supervision, Inspection and Testing Center of the Ministry of Agriculture, the public security organ entrusts relevant personnel to identify the explosion cause of the "3 1 1" accident, on-site investigation notes and on-site photographs, and forensic experts' appraisal conclusions on casualties caused by the explosion. Witnesses: Huang Chun Ba Huang Xiao Chun, Xu Kun, Huang Yaoyou, Shen, Zeng Xiuwen, Li Zhiqing, Liu Yun, Peng Xiaohong, Shen Xilin, Shen Yonglin and Shen Lunyu. The public prosecution agency believes that the actions of the defendants Shen Zhiming, Huang Wei and Peng Li violated the first paragraph of Article 125 of the Criminal Law of People's Republic of China (PRC) and committed the crime of illegally manufacturing explosives, while the actions of the defendant Zeng Xiaofang violated the provisions of Article 136 of the Criminal Law of People's Republic of China (PRC) and committed the crime of causing accidents with dangerous goods.

In response to the accusation of the public prosecution agency, the defendant Shen Zhiming and his defenders argued that the Shiling Firecracker Factory was not illegally produced, but produced with a certificate, and the defendant Shen Zhiming did not constitute the crime of illegally manufacturing explosives, but only the crime of causing accidents with dangerous goods. Defendant Shen Zhiming pleaded guilty and asked for a lighter punishment. His defender provided evidence such as the Safety Production License for Explosives, the Enterprise Registration Certificate of Shiling Firecracker Factory and the Quality Inspection Certificate of Fireworks and Firecrackers in court. Defendants Huang Wei and Peng Li and their defenders argued that Defendants Huang Wei and Peng Li did not participate in the production of big firecrackers in Shiling Firecracker Factory, and Defendant Huang Wei did not provide 6.5438+0 million yuan of funds and 654.38+0 tons of potassium chlorate for the production of big firecrackers in Shiling Firecracker Factory. They bought and sold firecrackers from the Shiling Firecracker Factory, and their behavior did not constitute the crime of illegally manufacturing explosives. Defendant Zeng Xiaofang and his defender argued that Zeng Xiaofang was just an ordinary worker of Shiling Firecracker Factory 1, not a member of the factory's safety production leading group, and his behavior did not constitute the crime of causing accidents by dangerous goods.

It was found through trial that the Shiling Firecracker Factory in Dongyuan Township was opened in March 1986, and it is a village-run enterprise in Shiling. 1July, 1989, the Safety Production License for Explosives was handled in Shangli Public Security Bureau. 1October, 1990 165438 obtained the business license in shangli branch of Pingxiang administration for industry and commerce, and the legal representative was the defendant Shen Zhiming. After 1995, the defendant and Shen jointly contracted to operate the factory. They put the soda room, processing room, finished firecracker room, semi-finished product room and raw material room in different rooms in the same house. 1February, 1998, Shangli County Public Security Bureau requested all firecracker factories in the county to replace the Safety Production License for Explosives, but Shiling Firecracker Factory never renewed it. Shangli County Public Security Bureau has not revoked its original safety production license for explosives, and its business license has not been revoked by the administrative department for industry and commerce. Shiling Firecracker Factory pays management fees to the local public security and industrial and commercial departments, and also to the tax department.

Door to pay taxes, 1998 10, Shangli County Township Enterprise Bureau issued enterprise registration certificate to Shiling Firecracker Factory. On September 22nd, 1998, four companies, namely Shangli County Township Enterprise Bureau, Fire Brigade, Public Security Bureau and Administration for Industry and Commerce, inspected Shiling Firecracker Factory, and found that there were problems such as large inventory, concentrated personnel, and too close to the dangerous room. They asked the factory to stop production and rectify, but the factory did not stop production for effective rectification. Defendants Huang Wei and Peng Li are engaged in individual firecracker sales business, and have repeatedly sold firecrackers produced by Shiling Firecracker Factory since 1995. In late February 2000, Defendants Huang Wei and Shen Zhiming went to Nan 'an City, Fujian Province to collect accounts and contact business. Huang, a salesman of the company, mentioned to the two defendants whether to produce "multicolored guns". After negotiation, the two defendants reached an oral agreement with Ba, the manager of the company, and Huang, the salesman. The purchase and sale specifications were 20×4.4CM, 15×3.9cm and 18 respectively. After the two defendants returned to Pingxiang, the defendant asked Shen to carry out trial production. On March 2, Shen handed over six samples of "multicolored guns" to the defendant Huang Wei and asked him to take them to Fujian to contact other buyers. On March 4th, the defendant and Shen went to Dayao Town, Liuyang City, Hunan Province to buy paper for making multicolored cannons, and the defendant went with them because of an appointment. After the defendant Huang Wei arrived in Fujian, he made an oral agreement with Xu Kun of Fujian Jinjiang Native Produce Company to buy and sell a batch of "multicolored guns", the specifications and quantities of which were 20×4.4cm 40, 15×3.9cm 20, 12×3CM and 25×5cm 40 respectively. On the day of reaching an agreement, the defendant Huang Wei telephoned Shen. At the same time, Shen is responsible for the mass production of Shiling Firecracker Factory. Defendant Huang Wei called the defendant and asked him to tell Shen to step up production, and then the defendant called Shen again. Defendant Zeng Xiaofang is the receiver of Shiling Firecracker Factory and a member of the leading group for safety production. March 1 1

On the morning of the same day, under the condition that Shen promised to pay the processing fee in cash, 86 people came to work in Shiling Firecracker Factory. At that time, more than 100 bags of semi-finished firecrackers such as "colorful cannon" and "earth red" firecrackers and some raw materials were piled up in the factory. Because of the rain, Shen agreed that people who came to work would work in crowded factories. The defendant Zeng Xiaofang was present without raising any objection, and gave the semi-finished firecrackers to the people who came to work. At about 9: 30 in the morning, pharmacist Li Hua violated the national safety standards and operating rules when mixing nitrates, and caused an explosion due to friction and fire. Then he detonated four explosions in the hall where the "multicolored guns" and "earth red" firecrackers were stored, resulting in the collapse of the brick and tile factory, resulting in the deaths of 33 people including Huang Ting, Shen Hong, Zhang Ping, Shen and Li Hua, and 3 people including Shen, Luo Qinghua and Zhang Genying. The inspection conclusion of the model 19.3×4.5CM "multicolored cannon" extracted by the quality supervision, inspection and testing center of fireworks and firecrackers of the Ministry of Agriculture is that the content of single medicine is 12.64g, in which the content of potassium chlorate is 42.9% and the friction sensitivity is 100%. The single charge exceeds the national standard by 25 1.8 times.

The above facts are confirmed by the following evidence and cross-examined in court:1In July 1989, Shangli Public Security Bureau issued the Safety Production License for Explosives to Shiling Firecracker Factory. 1990165438+10, Pingxiang Administration for Industry and Commerce issued the business license and industrial and commercial registration materials to Shiling Firecracker Factory. 1988 10, Shangli Township Enterprise Bureau issued the enterprise registration certificate to Shiling Firecracker Factory. On September 22nd, 1998, Shangli County Township Enterprise Bureau, Fire Brigade, Public Security Bureau and Administration for Industry and Commerce issued a rectification notice to Shiling Firecracker Factory. According to the National Standard for the Safety and Quality of Fireworks and Firecrackers in People's Republic of China (PRC), it is forbidden to use chlorate as initiator when the single charge of firecrackers is more than 0.05g and the friction sensitivity is less than or equal to 60%. According to the inspection report of large firecrackers (referred to as "multicolored firecrackers" for short) extracted from the explosion site by the Fireworks and Firecrackers Quality Supervision, Inspection and Testing Center of the Ministry of Agriculture, the large firecrackers with specifications of 193×45MM contain medicine12.64g and friction sensitivity 100%, which does not meet the standard requirements. The public security organ entrusted relevant personnel to confirm the cause of the "3. 1 1" explosion accident, and concluded that the explosion accident was caused by friction and fire caused by Li Hua's violation of operating rules. Witnesses Ba, Huang, confirmed the defendant and Huang Wei verbally agreed with them to operate "multicolored guns". Witness Shen confirmed that the factory building structure of Shiling Firecracker Factory was unreasonable. Witness Shen Yonglin confirmed that when the explosion occurred, there were many semi-finished and finished firecrackers and some raw materials in the workshop hall of Shiling Firecracker Factory, and many people were working. Witnesses Peng Xiaohong and Chen Shaozhen confirmed the explosion at that time. Witness Xie Hongmei confirmed that Shen agreed to process firecrackers in the factory, and defendant Zeng Xiaofang sent semi-finished products to workers for processing. Witness Li Yun confirmed that the defendant Zeng Xiaofang was a member of the safety production leading group of Shiling Firecracker Factory. Witness Li confirmed that before the explosion, the defendant Zeng Xiaofang sent semi-finished firecrackers to workers for processing in the factory. Zeng Xiaofang's name is among the "members of the leading group for safety production" in the scene photos taken by the public security organs. Record of on-site investigation, photos of on-site photography, extraction of the explosion site confirmed by the record, extraction of large firecrackers and unreasonable factory layout, finished products, semi-finished products, raw materials piled up, etc. Forensic experts' conclusions on casualties in public security organs. Defendants Shen Zhiming and Huang Wei's confession of relevant facts. We believe that after the defendant and Huang Wei reached an oral agreement with Fujian Nan 'an and Jinjiang Native Products Company, the defendant and others organized the production of "multicolored guns". Defendant Peng Li urged Shiling Firecracker Factory to step up production, and the three defendants subjectively fulfilled the agreement to sell "multicolored guns" and did not intentionally produce explosives. "Explosives" as stipulated in Article 125 of the Criminal Law refers to military or civilian explosives with strong explosive power and lethality. Although fireworks and firecrackers are explosives, they are essentially recreational items, not "explosives" in the sense of criminal law. Although the charge of "multicolored guns" exceeds the national safety standards, it still belongs to recreational articles that do not meet the safety standards and cannot be regarded as "explosives". Since its opening in March, Shiling Firecracker Factory has successively issued safety production licenses and business licenses for explosives. Although the new license was not changed as required, the factory has been paying various fees. The public security organs also issued export licenses and transportation licenses for the factory, and the relevant departments did not revoke its original license. Shangli County Township Enterprise Bureau also issued enterprise registration certificate, which is considered as a factory. The accusation of the public prosecution agency against the defendants Shen Zhiming, Huang Wei and Peng Li for illegally manufacturing explosives cannot be established. Defendants Shen Zhiming, Huang Wei, Peng Li and their defenders put forward the defense opinion that the three defendants did not constitute the crime of illegally manufacturing explosives, which was established and adopted.

Regarding the defense opinion put forward by the defendant Shen Zhiming's defender that the defendant Shen Zhiming constituted the crime of causing accidents by dangerous goods, our court believes that the defendant Shen Zhiming, as the legal representative of Shiling Firecracker Factory, violated the management regulations on the production and storage of dangerous goods, the factory layout was unreasonable, the dangerous distance was too close, the finished firecrackers, semi-finished firecrackers and raw materials were piled together, the inventory was too large, and the production workers were too concentrated. After the relevant departments informed him to stop production and rectify, he still failed to take effective measures, resulting in serious accidents. At the same time, Li Hua, a pharmacist, ignored the safety management regulations and violated the national safety standards and operating procedures in production and operation, which directly led to the occurrence of major accidents, with particularly serious consequences. Defendant Shen Zhiming should bear the main responsibility for this, and his behavior has constituted the crime of causing accidents by dangerous goods. The defender's defense opinion was established and adopted.

Regarding the defense opinion put forward by the defendant Zeng Xiaofang and his defender that the defendant Zeng Xiaofang is not a member of the leading group of factory safety production and does not constitute the crime of causing accidents caused by dangerous goods, our court believes that the defendant Zeng Xiaofang's name is among the members of the leading group of factory safety production in Shiling Firecracker Factory, and the factory has posted a list of members of the leading group of factory safety production in the factory. Defendant Zeng Xiaofang knew it well, but did not raise different opinions, so he should be a member of the leading group of factory safety production. He has the responsibility of managing production safety. When Shen violated the regulations and asked the workers to process in a crowded room, the defendant Zeng Xiaofang not only did not stop it, but distributed the semi-finished firecrackers to the workers for processing, and was responsible for the particularly serious consequences caused by this case. His behavior constituted the crime of causing accidents by dangerous goods. The defense opinions of the defendant Zeng Xiaofang and his defenders cannot be established and will not be adopted.

The public prosecution agency also alleged that after the accident, the defendant Peng Li contacted Huang Wei and Shen Zhiming several times by telephone to make suggestions for Huang Wei's escape. Knowing the whereabouts of the defendants Shen Zhiming and Huang Wei, she refused to explain to the public security organs and accepted Shen Zhiming's instructions. Together with the defendant Huang Zhi, they actively hid the tax registration certificate of Shiling Firecracker Factory, the account books between Weili Firecracker Factory and Shiling Firecracker Factory, and the purchase vouchers of firecrackers. After being asked by the public security organs, she still refused to provide it. Defendants Shen Zhiming and Huang Wei fled to He Jinyi's home in Longhai City, Fujian Province after learning that the Shiling Firecracker Factory had exploded. Defendant He Jinyi knew that the Shiling Firecracker Factory exploded, causing many deaths and injuries. The defendant Shen Zhiming was also provided with cash 1000 yuan to help him escape. On March 65, 438+03, he found a hiding place for the defendant Shen Zhiming in the home of his relatives at No.26 Yuancuoshe, Xiamen, Fujian, and provided him with a hiding place.

In view of the facts of the above allegations, the public prosecution agency presented and read out the testimony of witness Lan in court. Defendants Huang Wei and He Jinyi registered their accommodation in Xiamen on March 13, 2003, and the public security organ extracted the defendants, hidden relevant account books and other evidence. The public prosecution agency believes that the actions of the defendants Peng Li, Huang Zhi and He Jinyi violated the first paragraph of Article 310 of the Criminal Law of People's Republic of China (PRC), committing the crime of harboring and harboring respectively.

In response to the accusation of the public prosecution agency, the defendant Peng Li and his defenders argued that the defendant Peng Li did not refuse to account for the whereabouts of Shen Zhiming and Huang Wei, and the tax vouchers and current account books hidden in Shiling Firecracker Factory were not guilty evidence, and the defendant Peng Li did not constitute the crime of harboring. Defendant Huang Zhi and his defenders suggested that defendant Huang Zhi did not intentionally shield criminals or obstruct judicial personnel in handling cases, and his behavior did not constitute a crime of shielding. Defendant He Jinyi and his defender argued that the defendant He Jinyi did not intentionally harbor criminals, which did not constitute a crime of harboring.

It was found through trial that on the morning of March 1 1, the defendants Shen Zhiming and Huang Wei learned that the Shiling Firecracker Factory had exploded on the train back to Pingxiang, Fujian. After the explosion, the defendants Huang Wei and Peng Li learned about some casualties by telephone. After that, they got off at Xinyu with the defendant Shen Zhiming, and the two defendants changed trains. Defendant He Jinyi, who was hiding in Fujian on March 3, 2003 13. After the two defendants arrived at the defendant He Jinyi's home, they told the defendant He Jinyi about the explosion of the Shiling Firecracker Factory and borrowed money from the defendant He Jinyi to escape. Defendant He Jinyi gave Defendant Shen Zhiming 1000 yuan, and together with Defendant Huang Wei, he took Defendant Shen Zhiming to his relatives' home to hide. 14 years later, three defendants were arrested. On March 6th, 2003, Defendants Huang Wei and Shen Zhiming talked on the phone with Defendant Peng Li during their hiding in Fujian. Defendant Shen Zhiming asked Defendant Peng Li to hide the current account books and tax registration certificate of Shiling Firecracker Factory, and Defendant Peng Li immediately talked with Defendant Peng Li.

Huang Zhi hid the above items. On March 65, 2004, when the public security organ questioned the defendant Li Peng, Peng Li did not account for the whereabouts of the defendants Shen Zhiming and Huang Wei. On March 6, 2008, when the public security organ questioned the defendant Li Peng for the second time, Peng Li confessed the whereabouts of the defendants Shen Zhiming and Huang Wei.

The above facts are confirmed by the following evidence provided by the court trial and cross-examination: witness Lan confirmed that1On the evening of March 3, 3, He Jinyi brought two strangers to her house, and she only let one of them stay at home for the night. Defendants He Jinyi and Huang Wei, who were selected by the public security organs, registered their accommodation in Xiamen on March 13, 2003. Defendant Shen Zhiming confessed that Defendant Huang Wei went to Defendant He Jinyi's home, and He Jinyi gave him 1000 yuan, and the three of them hid in He Jinyi's relatives' home in Xiamen. He instructed the defendant Peng Li to hide the relevant books. Defendant Peng Li confessed that Defendant Shen Zhiming instructed her to hide the relevant items and the situation of her hiding with Huang Zhi. Defendant Huang Zhi claimed that he and Peng Li had hidden related items. Defendants Huang Wei and He Jinyi confessed to the fact that they took the defendant Shen Zhiming to He Jinyi's home to hide. We believe that although the defendant Peng Li knew the whereabouts of the defendant Shen Zhiming and did not provide it to the judicial authorities in time, she did not make false proof to the judicial authorities and did not help the defendant Shen Zhiming escape; The current account books and tax registration certificates hidden by the defendant Huang Zhi are not the criminal evidence of the defendant Shen Zhiming. Defendants Peng Li and Huang Zhi did not fabricate facts, conceal criminals or evidence, and their actions did not constitute the crime of harboring. The defense opinions of his defenders were established and adopted. Defendant He Jinyi paid money to help defendant Shen Zhiming escape and took defendant Shen Zhiming to his relatives' home to hide, which constituted a crime of harboring. His defender's defense opinion that the defendant He Jinyi did not constitute the crime of harboring was untenable and was adopted.

Regarding the characterization of the defendant Huang Wei's behavior, we believe that the defendant Huang Wei knew that the explosion occurred in Shen Zhiming Shiling Firecracker Factory, and the consequences were particularly serious. And took the defendant Shen Zhiming to hide in the defendant He Jinyi's home, and together with He Jinyi took the defendant Shen Zhiming to Xiamen to hide. His behavior helped the defendant Shen Zhiming escape, which constituted the crime of harboring.

To sum up, we believe that the actions of the defendants Shen Zhiming and Zeng Xiaofang have constituted the crime of causing accidents by dangerous goods. Defendant Shen Zhiming still failed to take effective measures when the relevant departments discovered the potential safety hazard of Shiling Firecracker Factory and informed it to stop production and rectify, which led to the occurrence of this case and should be severely punished as appropriate. The defendant Zeng Xiaofang has a minor crime, a good guilty attitude and is breastfeeding, so he can be given a lighter punishment as appropriate. Defendants Huang Wei and He Jinyi * * * conspired with the criminals to escape, and their actions have constituted the crime of harboring. Defendant Huang Wei is the principal offender and defendant He Jinyi is an accessory and should be punished according to law. The actions of the defendants Peng Li and Huang Zhi did not constitute a crime and should be acquitted. Accordingly, in accordance with the provisions of the first paragraph of Article 136, the first paragraph of Article 310, the first paragraph of Article 25, the first paragraph of Article 26, the fourth paragraph, the first paragraph of Article 27 and the first paragraph of Article 72 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:

1. Defendant Shen Zhiming was convicted of causing accidents by dangerous goods and sentenced to seven years' imprisonment.

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before execution of the judgment, one day of detention shall be reduced to one day of imprisonment, that is, from March 2000 14 to March 2007 13).

2. Defendant Zeng Xiaofang committed the crime of causing accidents by dangerous goods and was sentenced to three years' imprisonment and suspended for three years;

(The probation period of probation is calculated from the date when the judgment is determined)

3. Defendant Huang Wei was convicted of harboring and sentenced to one year's imprisonment;

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from March 6, 2000 to March 5, 2006. )

4. Defendant He Jinyi committed the crime of harboring and was sentenced to six months' imprisonment;

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment, that is, from March 2000 16 to September 2000 15. )

5. Defendant Peng Li is innocent.

6. Defendant Huang Zhi is not guilty.

If you refuse to accept this judgment, you can appeal to the Jiangxi Higher People's Court through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.

Chief Referee Huang Jianfeng

Examiner Zhou

Judge Zheng Peng.

July 24(th), 2000

Bookkeeper in Liu Shuping.

Bookkeeper Huang