Focusing on accurately identifying "real dangers" and promoting safety production governance with a rule of law mindset

2025-05-28

In order to strengthen the guidance on handling criminal cases that endanger safety production and solve key and difficult problems in procuratorial and case handling, the Supreme People's Procuratorate recently released a batch of typical cases of dangerous work crimes. This batch of typical cases consists of 6 cases, namely: the dangerous operation case of Jiang handled by the Putuo District Procuratorate in Zhoushan City, Zhejiang Province; Zhao and Zhang's dangerous operation case handled by the Procuratorate of Boai County, Henan Province; The case of Yi's dangerous operation handled by the Dingcheng District Procuratorate in Changde City, Hunan Province; The dangerous operation case of Ling Moujia handled by the Yongning District Procuratorate of Nanning City, Guangxi Zhuang Autonomous Region; The case of Wang's dangerous operation handled by the Procuratorate of Xindu District, Chengdu City, Sichuan Province; The case of Zhou's dangerous operation handled by the Jiulongpo District Procuratorate in Chongqing. It is reported that this batch of typical cases covers three types of operations that violate safety management regulations as stipulated in Article 134-1 of the Criminal Law, covering four high-risk industries, including offshore operations, metal smelting, light industrial manufacturing, and the most common operation, storage, and transportation of hazardous chemicals. This batch of typical cases not only focuses on refining the criteria for determining the reality, urgency, and severity of danger, accurately identifying "real danger", but also emphasizes demonstrating the good experience and practices of the procuratorial organs in handling such cases. In the case of Zhao and Zhang's dangerous operations, the procuratorial organ conducted a substantive review of the "Real Danger Determination Opinion" issued by the emergency management department based on evidence such as accident investigation reports, on-site investigations, appraisal opinions, and defendant statements. According to the flammable and explosive nature of diesel, the defendant used equipment that did not meet safety standards, illegally stored and transported diesel, and determined that the criminal behavior had a general reality of creating danger; When two vehicles involved in the case collide and diesel leaks, the probability of a combustion and explosion accident is relatively high, and the determination of danger is particularly urgent and imminent; The diesel storage point is located next to the village, and the accident site is near the tourist attraction. Once an explosion occurs, it may cause personal and property damage to an unspecified number of people, and the danger has been determined to be quite serious. Based on this, it is determined that the criminal act poses a "real danger". In the case of Wang's dangerous operation, the procuratorial organ strengthened the first-hand examination, conducted on-site re inspection, and found that Wang's self built house for storing and guiding liquefied gas was a combination of accommodation, production, and storage, and did not install safety devices such as explosion-proof ventilation, electrostatic grounding, leak alarm, and self extinguishing; Invite university professors to provide expert consultation opinions, calculate the possibility of explosion and the consequences in case of leakage on site; Organize a public hearing, fully listen to the opinions of firefighters, legal experts, and representatives of the masses, and from the perspectives of public awareness, empirical rules, and professional knowledge, demonstrate from multiple dimensions the high probability of a self built property catching fire, as well as Wang's foreseeability of the harmful consequences of his behavior, and determine the causal relationship between illegal behavior and actual danger. The head of the Major Crimes Procuratorate of the Supreme People's Procuratorate pointed out that these cases are typical in the relevant fields and have a leading and exemplary role in unifying judicial case handling standards and accurately cracking down on crimes in accordance with the law in various regions. In the next step, the procuratorial organs will continue to increase their efforts to crack down on criminal crimes that endanger safety production, strictly review evidence, accurately determine facts, and correctly apply laws. Based on case handling, they will work together with relevant departments to promote safety production governance, and provide high-quality and efficient procuratorial services to ensure high-quality economic and social development. (New Society)

Edit:XieEnQi    Responsible editor:XieEnQi

Source:people.cn

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