66 People In Wenzhou Were Sentenced To Leather Processing Industry For Environmental Pollution.

< p > < strong > data: 66 people were sentenced to an average sentence of 13 months < /strong > < /p >.

< p > < < a href= > //www.sjfzxm.com/news/index_c.asp > > Wenzhou < /a > statistics. Since the second half of 2013, two courts in Wenzhou have concluded 34 cases of environmental pollution crimes, and 66 criminals were sentenced to 13 months in prison and 15 thousand dollars in fines.

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In these 34 cases, 2 of the 32 cases were illegally discharged from heavy metals and 2 were illegally dumped to produce waste acid. The parties were mainly distributed in 5 industries: 27 electroplating industry, 3 leather processing industry, 2 metal label processing industry, 1 parts in smelting and pickling industry.

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< p > implementation of Pollution Crimes involves many links such as production, pportation and dumping.

Therefore, joint crimes in environmental pollution cases are higher than other crimes.

According to rough statistics, the number of cases involving joint crimes committed by the city's courts is 11, accounting for 32% of all cases.

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The defendants in the P pollution case are mainly rural residents and migrant workers.

Among the 66 defendants who were sentenced to punishment, 23 were local rural residents and 29 were migrant workers, accounting for 35% and 44% respectively.

In addition, the defendant's education level is generally not high, and the concept of legal system is weak.

Among them, 58 of the junior middle school students are below 88%.

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< p > < strong > analysis: the pollution environment case is rising suddenly. < /strong > < /p >

< p > from the data, the number of cases pferred to criminal responsibility was only 2 in the second half of last year, and increased to 32 in the first half of this year, and the number of criminals sentenced to rise from 5 last year to 61 in the first half of this year.

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< p > Yu Wei, vice president of the Wenzhou intermediate people's court, said it is foreseeable that with the promotion of the "five water co governance" work in the city, the number of environmental pollution cases will continue to grow in a certain period of time.

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< p > with the means of crime becoming more and more concealed, the investigation and treatment of contaminated environment is facing great difficulties.

Yu Wei said, according to the case analysis, driven by interests, criminals often pollute the environment by secretly laying down hidden pipes or employing others to illegally dump the waste water, or even stealing waste water from underground wells to the underground.

In addition, after finding the sewage outlet, it is faced with the problem of obtaining evidence, such as difficulty in detection and difficulty in identification, which leads to the lack of corresponding objective basis for subsequent law enforcement.

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< p > in the process of case hearing, some defendants have misunderstandings about polluting the environment.

Yu Wei said that many defendants had misunderstandings about "paying a fine, even if they did not break the law" and "penal punishment instead of punishment". Even after being ordered to suspend business by the environmental protection department, they still returned to work illegally and continued to steal.

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< p > < strong > measures: improving the < a href= > //www.sjfzxm.com/news/index_c.asp > > pollution environment crime < /a > sentencing benchmark < /strong > /p >

< p > to curb the pollution of the environment, how can the court perform the function of the criminal trial function? Wei Wei said that the following two aspects of the court of Wenzhou will do the following work: < /p >

< p > < strong > case sentence sentencing -- for serious pollution of the environment, the maximum sentence can be sentenced to < /strong > < /p >.

< p > 1, the Wenzhou intermediate people's court will issue the detailed rules for sentencing of pollution offense cases, raise the sentencing benchmark for the crime of polluting the environment within the scope of statutory punishment, and impose heavier penalties on people who cause serious harm to human health and seriously pollute the environment.

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< p > 2, strictly controlling the application of mitigation and exemption for criminals who are polluting the environment, it is indeed necessary to apply probation and prohibit their production and operation activities in related industries, such as electroplating and leather processing, during probation period.

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< p > 3, in addition to applying the principal penalty according to law, we should increase the intensity of the penalty for fines and take timely judicial measures such as freezing, sealing up and seizure of property, so as to ensure the implementation of fine penalty.

We should give full play to the punishment and prevention function of property punishment to environmental pollution crime, and solve the embarrassing situation of "obeying the law more than the illegal cost".

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< p > 4, illegal discharge, dumping, disposal of pollutants containing toxic, radioactive, infectious diseases and other substances, and at the same time constitute the crime of polluting the environment, the crime of putting in dangerous substances and other crimes, in accordance with the heavier punishment of the crime of conviction and punishment, its behavior causing serious injury, death or loss of public and private property, the maximum penalty for the death penalty of criminals.

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< p > < strong > expanding the scope of attack -- focusing on the illegal disposal of medical dangerous substances < /strong > /p >

< p > 1, from the scope of pollutants, the pollutants to be dealt with in environmental pollution crimes are not limited to radioactive waste, waste and toxic substances containing infectious pathogens, but also other hazardous wastes and harmful substances.

The illegal discharge, dumping, disposal of other hazardous wastes, highly toxic chemicals and other toxic substances, toxic substances that may pollute the environment, and serious pollution of the environment shall be convicted and punished.

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< p > 2, judging from the main body of action, 34 cases have been identified in electroplating, leather processing and other industries.

In the future, medical institutions such as individual clinics shall directly illegally discharge, dump or dispose of hazardous wastes of more than 3 tons, or knowingly do not handle hazardous waste permits or exceed the scope of business license, provide or entrust them with collection, storage, utilization and disposal of hazardous wastes and seriously pollute the environment. Illegal purchase, recycling, disposal and disposal of hazardous wastes and serious pollution of the environment will be investigated for the criminal responsibility of the crime of polluting the environment.

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< p > 3, in 2 years, the perpetrator has violated the provisions of the state, discharged, dumped and disposed radioactive waste, infectious wastes and toxic substances containing infectious pathogens, has been punished for more than 2 times, and has implemented the front row behavior. No matter what the consequences will be, he will face the risk of being investigated for criminal responsibility.

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< p > < strong > strengthening linkage mechanism: establishing environmental pollution < a href= > //www.sjfzxm.com/news/index_c.asp > Social Assistance Fund < /a > /strong > /p >

< p > 1, the two courts of Wenzhou will further strengthen communication and coordination with relevant departments such as public security, procuratorial and environmental protection.

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< p > 2, explore the establishment of a social relief fund for environmental pollution, and try to include fines, special financial subsidies and environmental administrative penalties of defendants in environmental pollution cases into the relief fund, and give timely financial subsidies to victims due to the death or serious injury or disability caused by the victims in the environmental pollution accidents, or special economic difficulties caused by the victims, or to suffer serious economic losses due to environmental pollution.

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< p > 3, establishing joint law enforcement system and consultation system for major cases.

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< p > 4, with regard to cases that are serious, complex and of great social impact, we will actively coordinate the public security and procuratorial organs to carry out pre risk assessment and ensure that cases are dealt with according to law.

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