Judicial interpretation of trial supervision

The relevant contents of trial supervision in China's criminal procedure law include: the parties and their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.

Legal objectivity:

Whoever, in violation of state regulations, discharges, dumps or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances or other harmful substances, which seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the consequences are especially serious, he 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 judicial interpretation of the crime of environmental pollution is a supplementary provision made by the Supreme People's Court and the Supreme People's Procuratorate on the charges of the Eighth Amendment to the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Eighth Amendment), which cancels the original crime of major environmental pollution accidents and changes it into the crime of environmental pollution. May 1 effective, 20 1. The specific contents of the crime include "Whoever, in violation of state regulations, discharges, dumps or disposes of radioactive waste, waste containing pathogens of infectious diseases, toxic substances or other harmful substances, which seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. " The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution was adopted by the Judicial Committee of the Supreme People's CourtNo. 1 165438 and the 58th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on July 7, 2006, and is hereby promulgated. The Supreme People's Court the Supreme People's Procuratorate 20 16 12.23 Interpretation [20 16] No.29 Interpretation of the Supreme People's Court the Supreme People's Procuratorate on Several Issues Concerning the Applicable Law in Handling Criminal Cases of Environmental Pollution (2011 698 Eighth Session of the Supreme People's Court Judicial Committee 206544 1) In order to punish crimes related to environmental pollution according to law, according to the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC). Several issues concerning the application of law in handling such criminal cases are explained as follows: Article 1. The acts specified in Article 338 of the Criminal Law shall be deemed as "serious environmental pollution" under any of the following circumstances: (1) discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens and toxic substances in the first-class protected areas of drinking water sources and the core areas of nature reserves; (two) illegal discharge, dumping and disposal of hazardous waste of more than three tons; (3) discharging, dumping or disposing of pollutants containing lead, mercury, cadmium, chromium, arsenic, thallium and antimony, which exceeds the national or local pollutant discharge standards by more than three times; (4) Discharging, dumping or disposing of pollutants containing nickel, copper, zinc, silver, vanadium, manganese and cobalt, which exceeds the national or local pollutant discharge standards by more than ten times; (5) Discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens and toxic substances by means of concealed pipes, seepage wells, seepage pits, cracks, caves and pouring; (6) Having been subjected to administrative punishment for discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens and toxic substances in violation of state regulations for more than two years, and having committed the acts mentioned in the preceding paragraph; (seven) key pollutant discharge units tamper with or forge automatic monitoring data or interfere with automatic monitoring facilities, and discharge pollutants such as chemical oxygen demand, ammonia nitrogen, sulfur dioxide and nitrogen oxides; (eight) illegal reduction of pollution prevention facilities operating costs of more than one million yuan; (nine) the amount of illegal gains and losses of public or private property is more than three hundred thousand yuan; (10) Causing serious damage to the ecological environment; (eleven) causing the interruption of centralized drinking water sources at or above the township level for more than twelve hours; (12) Causing the loss or permanent damage of basic functions of basic farmland, shelter forest land, forest land with special purposes of more than five mu, other agricultural land of more than ten mu and other land of more than twenty mu; (thirteen) resulting in the death of forests or other trees of more than fifty cubic meters, or the death of more than two thousand five hundred young trees; (14) causing the evacuation or transfer of more than 5,000 people; (fifteen) causing poisoning of more than thirty people; (sixteen) causing minor injuries, slight disabilities or organ and tissue damage to more than three people, resulting in general dysfunction; (seventeen) causing more than one person to be seriously injured, moderately disabled or organ and tissue damage leading to serious dysfunction; (eighteen) other serious environmental pollution. Article 2 Whoever commits the acts specified in Articles 339 and 408 of the Criminal Law and causes losses of more than 300,000 yuan to public or private property, or falls under any of the circumstances specified in Items 10 to 17 of Article 1 of this Interpretation, shall be deemed as "causing heavy losses to public or private property or seriously endangering human health" or "causing serious consequences of heavy losses to public or private property or causing personal injury or death". Article 3 The implementation of the acts stipulated in Articles 338 and 339 of the Criminal Law shall be deemed as "especially serious consequences" in any of the following circumstances: (1) interrupting the centralized drinking water sources in cities at or above the county level for more than 12 hours; (two) illegal discharge, dumping or disposal of hazardous waste of more than one hundred tons; (3) Causing the loss or permanent damage of the basic functions of basic farmland, shelter forest land, special-purpose forest land, other agricultural land over 30 mu and other land over 60 mu; (4) causing the death of forests or other trees to be more than one hundred cubic meters, or more than 7,500 young trees; (5) Causing losses of public or private property of more than one million yuan; (6) Causing particularly serious damage to the ecological environment; (seven) causing the evacuation and transfer of more than fifteen thousand people; (8) Causing poisoning of more than 100 people; (nine) causing minor injuries, slight disabilities or organ or tissue damage to more than ten people, resulting in general dysfunction; (10) Causing serious injury, moderate disability or organ and tissue damage to more than three people, resulting in serious dysfunction; (11) Causing serious injuries to more than one person, moderate disability or serious dysfunction caused by organ or tissue damage, causing minor injuries to more than five people, mild disability or general dysfunction caused by organ or tissue damage; (twelve) causing more than one death or severe disability; (thirteen) other circumstances with particularly serious consequences. Article 4 Whoever commits a criminal act as stipulated in Articles 338 and 339 of the Criminal Law shall be given a heavier punishment under any of the following circumstances: (1) Obstructing environmental supervision and inspection or investigation of environmental emergencies, which does not constitute a crime such as obstructing official duties; (2) Discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances or other harmful substances in and near hospitals, schools, residential areas and other densely populated places in violation of state regulations; (3) Discharging, dumping or disposing of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances in violation of state regulations during the early warning period of heavily polluted weather, during the handling of environmental emergencies or during the period of being ordered to make rectification within a time limit; (4) An enterprise holding a hazardous waste business license discharges, dumps or disposes of radioactive waste, waste containing infectious disease pathogens, toxic substances or other harmful substances in violation of state regulations. Article 5. The acts specified in Articles 338 and 339 of the Criminal Law have just reached the standard that criminal responsibility should be investigated. However, if the perpetrator takes timely measures to prevent the loss from expanding, eliminate pollution, compensate the loss in full, and actively restore the ecological environment, and is a first-time offender, it can be considered as minor, and no prosecution or exemption from criminal punishment; If it is really necessary to impose a punishment, the punishment shall be lenient. Article 6 Whoever engages in the activities of collecting, storing, utilizing and disposing of hazardous wastes without a hazardous waste business license and seriously pollutes the environment shall be convicted and punished according to the crime of environmental pollution; At the same time, if it constitutes the crime of illegal business operation, it shall be convicted and punished in accordance with the provisions of heavier punishment. If there is no excessive discharge of pollutants, illegal dumping of pollutants or other illegal environmental pollution in the implementation of the acts specified in the preceding paragraph, it can be considered that the illegal business operation is obviously minor and harmless, and it is not considered a crime; Those who constitute other crimes such as producing and selling fake and inferior products shall be punished for other crimes. Article 7 Whoever knowingly provides or entrusts others to collect, store, use and dispose of hazardous wastes that seriously pollute the environment shall be punished as * * *. Article 8 Whoever, in violation of state regulations, discharges, dumps or disposes of pollutants containing toxic, radioactive and infectious disease pathogens, and at the same time constitutes crimes such as environmental pollution, illegal disposal of imported solid waste, and release of dangerous substances, shall be convicted and punished in accordance with the provisions of heavier punishment. Article 9 Where an environmental impact assessment agency and its staff intentionally provide false environmental impact assessment documents, if the circumstances are serious or irresponsible, and the environmental impact assessment documents issued are materially untrue, resulting in serious consequences, they shall be convicted and punished for the crime of providing false certification documents or for the crime of having materially untrue certification documents in accordance with the provisions of Articles 229 and 231 of the Criminal Law. Article 10 Whoever, in violation of state regulations, commits the following acts against the environmental quality monitoring system, or forces, instigates or instructs others to commit the following acts, shall be punished as the crime of destroying the computer information system in accordance with the provisions of Article 286 of the Criminal Law: (1) modifying parameters or monitoring data; (two) interference with sampling, resulting in serious distortion of monitoring data; (three) other acts that undermine the environmental quality monitoring system. Where key pollutant discharge units tamper with or forge automatic monitoring data or interfere with automatic monitoring facilities, and discharge pollutants such as chemical oxygen demand, ammonia nitrogen, sulfur dioxide and nitrogen oxides, and at the same time constitute crimes of environmental pollution and destruction of computer information systems, they shall be convicted and punished in accordance with the provisions of heavier punishment. Personnel engaged in the maintenance and operation of environmental monitoring facilities should be severely punished for tampering, forging automatic monitoring data, interfering with automatic monitoring facilities and destroying environmental quality monitoring systems. Article 11 If a unit commits the crime specified in this Interpretation, the directly responsible person in charge and other directly responsible personnel shall be convicted and punished in accordance with the conviction and sentencing standards specified in this Interpretation, and the unit shall also be fined. Twelfth monitoring data collected by the competent department of environmental protection and its subordinate monitoring agencies in the process of administrative law enforcement can be used as evidence in criminal proceedings. The data obtained by sampling and testing pollutants by public security organs alone or jointly with the competent department of environmental protection can be used as evidence in criminal proceedings. Article 13 Wastes listed in the National List of Hazardous Wastes can be identified according to the sources of the substances involved, the production process, the defendant's confession, the witness's testimony, the environmental impact assessment documents approved or filed, and the written opinions issued by the competent department of environmental protection and the public security organs. The quantity of hazardous waste can be determined by combining the defendant's confession, the production technology, material consumption and energy consumption of the enterprise involved, and the approved or filed environmental impact assessment documents. Article 14 If it is difficult to determine the specific circumstances of environmental pollution involved in a case, the case shall be appraised on the basis of the appraisal opinions of judicial authentication institutions or the appraisal reports of institutions designated by the competent environmental protection department and the public security department of the State Council, combined with other evidence. Article 15 The following substances shall be recognized as "toxic substances" as stipulated in Article 338 of the Criminal Law: (1) Hazardous wastes refer to wastes with hazardous characteristics listed in the national hazardous waste list or recognized according to the standards and methods for identifying hazardous wastes stipulated by the state; (2) Substances listed in the Annex to 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 Any act of extracting substances from hazardous wastes as raw materials or fuels without a business license for hazardous wastes, which causes excessive discharge of pollutants, illegal dumping or other illegal environmental pollution, shall be deemed as "illegal disposal of hazardous wastes". Seventeenth the term "within two years" as mentioned in this interpretation is calculated and determined by the time interval from the effective date of the first illegal act to the date of the corresponding act. The term "key pollutant discharge units" as mentioned in this Interpretation refers to the key monitoring enterprises determined by the competent environmental protection department of the people's government at or above the municipal level and other units that should install and use automatic monitoring equipment for pollutant discharge. The term "illegal income" as mentioned in this interpretation refers to the income generated by the acts stipulated in Articles 338 and 339 of the Criminal Law and all kinds of illegal income that can be obtained. The loss of public and private property as mentioned in this Interpretation includes the loss of property directly caused by the implementation of the acts specified in Articles 338 and 339 of the Criminal Law and the actual value reduced, the expenses for taking necessary and reasonable measures to prevent pollution from expanding and eliminating pollution, and the expenses for emergency monitoring to deal with environmental emergencies. The term "ecological environment damage" as mentioned in this interpretation includes the cost of ecological environment restoration, the loss of service function in the process of ecological environment restoration and the loss caused by permanent damage to ecological environment function, as well as other necessary and reasonable expenses. The term "no hazardous waste business license" as mentioned in this interpretation refers to the business scope of the hazardous waste business license that has not been obtained or is beyond the business scope of the hazardous waste business license. Article 18 This Interpretation shall come into force as of 20 17 1+0. 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 Laws in Handling Criminal Cases of Environmental Pollution (Law Interpretation [2013]15) shall be abolished at the same time; If the judicial interpretation previously issued is inconsistent with this interpretation, this interpretation shall prevail.