"Poison" invades the Yangtze River, and a third -level procuratorial organ's associative and dynamics will start

The Yangtze River is like a cyan and blue jade belt. Once illegally dumped, the edge of the jade belt was torn away from a brown mouth. 2493 cubic meters of water have severe pollution, the amount of ecological environmental damage exceeds 1 million yuan, and the secondary tributary water flow was blocked for 7 days -a three -level procuratorial organ's associative and dynamic duties of the Yangtze River.

"This is a major polluting environmental case that illegally dump the hazardous waste across the Yangtze River Basin across the region. Facts have difficulties such as differences. The procuratorial organs have exerted the advantage of professionalized case handling to achieve precise cracking down crimes. "In late August, Zhou Ji, the former director of the Procuratorate of the Yubei District Procuratorate of Chongqing, was interviewed by reporters. Memory is still fresh.

Not long ago, the Supreme Procuratorate released a typical case (fourth batch) in the service guarantee of the Procuratorate of the Yangtze River Economic Belt, and the case was selected.

"Poison" invades the Yangtze River:

More than 30 tons of hazardous waste illegal dumping

"In the morning, this stream flowing into the Yangtze River was contaminated, and there was a bad smell, which was suffocating." On April 11, 2020, the Ecological Environment Bureau of Changshou District, Chongqing received a report from the masses, saying that Yan in the area under the jurisdiction, saying that Yan The small stream ditch in a river section of Jiajia Street was contaminated. The staff rushed to the scene and saw the brown unknown objects stuck on the surface of the gully, a viscous pollution zone of about 3 to 4 kilometers long appeared in front of the eyes. Who is polluted the Yangtze River? On April 16, the Chongqing Changshou District Public Security Bureau investigated the case.

Prosecutors went to the field of pollution in Changshou District for investigation

Prosecutors and investigators went to the scene of dumping wastewater to investigate

By expanding clues and investigations, a black interest chain of a cross -region illegal transfer to dangerous waste has gradually surfaced.

After investigation, on March 30, 2020, the legal representative and operator Zheng Mouqiang, the legal representative and operator of the Greater Environmental Engineering Co., Ltd. (hereinafter referred to as Ju Mou Company) in the Daza District of Chongqing The 33.692 tons of waste fuel oil generated by the tire during the tire process was illegally dealt with Qumou, Zhou, Ding, and Li, who did not have dangerous waste treatment qualifications at a price of 600 yuan/ton.

In order to conceal the illegal dumping behavior, Qu and 4 and other four people deliberately modified the residue truck and installed water tanks in the carriage. Taking advantage of the night, they transported waste fuel oil to Yanjia Street, Changshou District, Chongqing. In the early morning of April 8th and 11th, they poured them into the rain well on Xia Shixi Road in the area and Hua South Road. Among them, 17.262 tons of waste fuel oil were discharged into the first -level tributary of the ancient Buddha river on the left bank upstream of the Yangtze River, and 16.43 tons of waste fuel oil were discharged into the Yangtze River tributary.

Prosecutor's supervision and sampling of an environmental protection company in Changshou District

The Changshou District Ecological Environment Bureau blocked the flow of water flow in the Yangtze River, which was discharged into the waste fuel oil, intercepted all wastewater, and was disposed of by the local environmental protection company. According to the sampling monitoring of the Ecological Environment Bureau of the Changshou District, 16.43 tons of hazardous waste that was dumped on April 11 caused severe pollution of water bodies in the Yangtze River for several kilometers. 239 times, 324 times, 319 times, 185 times, causing severe damage to the ecological environment. Evaluated by the Chongqing Ecological Environmental Engineering Evaluation Center, the amount of ecological environmental damage in the case was more than 1.11 million yuan.

"This is not a simple case together!" Considering that the case belongs to the case of illegal disposal of hazardous waste in cross -administrative divisions, in order to accurately handle the case in accordance with the law, in accordance with the relevant provisions of the Chongqing Procuratorate handling environmental resources cases, in May, in the Chongqing Procuratorate in May, the Chongqing Procuratorate Under the unified command, the Yubei District Procuratorate, which is responsible for reviewing the prosecution, the longevity district procuratorate responsible for reviewing the arrest, and the Liangjiang District Procuratorate responsible for public interest lawsuits simultaneously promoted the criminal strike, administrative supervision, and civil recovery of the case.

Discussing research cases in the task force

"These 'black water' parts have flowed into the Yangtze River, which will inevitably cause significant damage to the ecosystem. We must find out the consequences of harm and severely crack down crimes according to law." In order to improve the quality of guidance to investigate and obtain evidence, the project team with the five prosecutors and prosecutors as the core member of the first time. "

Reverse evidence:

The "frankness" of the light and avoiding the weight

"I am not intentional!" The suspect Zheng Mouqiang has always argued that the "Environmental Impact Report" issued by the company is not clearly defined in dangerous waste waste. Without criminal intentional intentions, this caused the case review to fall into trouble.

Subsequently, at the case demonstration meeting held by the Procuratorate of the Liangjiang District of Chongqing City on the case of the case, the difficulty of the investigators proposed by the investigators, the prosecutors of the First Branch of the Chongqing Procuratorate, the Yubei District Procuratorate, and the Changshou District Procuratorate passed carefully. The demonstration and the idea of ​​reverse evidence obtained. In other words, it is the responsibility and obligation that Zheng Mouqiang should perform as a producer to determine his criminal facts and further lock the correlation of core evidence. As a result, the evidence collection of "collecting objective evidence around the law" was proposed to reach a consensus in the procuratorate and the investigation authority.

Investigators re -collected relevant evidence and retracted evidence materials such as environmental assessment reports and approval letters, test reports, administrative penalties decision decisions, and hazardous waste disposal agreements. At the same time, it was found that Zheng Mouqiang knew that the tire refining residue and waste liquid needed more than 4,000 yuan/ton according to the formal procedure, but it was still entrusted to 4 people including Qu Mou, who had no dangerous waste treatment qualifications at a price of 600 yuan/ton. "Obviously, as the actual operator of the company and the legal representative, he did not fulfill the obligation of safety emissions, and should be based on the crime of pollution." Through investigation, the vice chief prosecutor of the Yubei District Procuratorate who has many years of environmental resource crime cases should be found out. , Jiang Fei, the leader of the task force, has already judged.

Taking the environmental protection responsibilities of the manufacturer as the starting point, by confirming that Zheng Mouqiang knows that waste fuel oil cannot be disposed of at will, and has the conditions and obligations of further confirming the dangerous waste waste waste waste, it is determined that it will perform its legal obligations and has a pollution environment Intentional. Indirect evidence has gradually formed a chain, which solves the difficulty of the case identification.

Five suspects such as Zheng Mouqiang and Qu Mou were arrested by the Changshou District Procuratorate according to law. On June 17, 2020, the Chongqing Changshou District Public Security Bureau transferred the case to the Yubei District Procuratorate for review and prosecution.

Craft traceability:

One paper report forms a complete evidence chain

In fact, the case handling is far less simple.

"I see that oil and water are separated!"

"I don't know that the wastewater is in dangerous waste oil. I also tested before the line. The wastewater could be integrated into the water, indicating that it was not oil." Facing the prosecutor's question, producer Zheng Mouqiang and the dumper Li Mou explained to explain it. road.

Evidence is the key to refuting Zheng Mouqiang and Li Mou. However, although there is certain evidence that the case points out that the wastewater involved in the case contains oil, can the existing evidence be concluded that the wastewater containing petroleum substances can be obtained?

At the end of the river, the dumping scene had been washed by the river. "The monitoring report provided by the administrative organs lacks the monitoring items of petroleum substances, and the lack of evidence that the wastewater containing mineral oil involved in the case is not enough to overthrow the defense; Difficulty. "The weak evidence chain made the prosecutors handling the case.

How to do? The production process must be traced. However, every member of the task force worked overtime until the early morning, and in the nearly 500 -page environmental assessment report to find clues, and held a seminar of large and small cases many times. The fuel oil that cannot be demonstrated is mineral oil.

In order to ensure the smooth prosecution of the case, the Chongqing Procuratorate agreed to the application of the organizer and dispatched the criminal inspection professional team of environmental resources crimes in Chongqing to participate in the research and demonstration.

On the basis of consulting the materials and understanding the process of the case, the four team members put forward detailed replenishment suggestions on the identification, cause and effect relationship, and how to ensure the objectivity of the identification and sampling.

The case was determined, and the procuratorial organs immediately organized investigators and administrative agencies. The Yubei District Procuratorate proposed a total of 3,000 words of additional investigation opinions such as finding residual wastewater and identifying hazardous waste characteristics.

Finally, the task force learned from the investigators that the wastewater in the oil storage tank of the Joo -Mou company still had residues, and environmental protection companies have not yet treated the polluted river water.

At this point, the breakthrough was found!

In Chongqing in July, the hot and hot, the prosecutor of the case, Zhou Ji, rushed from Yubei District to the Jaman company in Da Football District. He stood on a single brick wall of 3 meters high in the production workshop. The sampling process of residual wastewater in the tank is performed. Immediately afterwards, he drove another environmental protection company in Changshou District with the appraisal personnel to sample the wastewater temporarily existed in the company.

"Fortunately, the environmental protection company has not handled the wastewater, we have the most objective evidence!" Zhou Ji said after a simple combustion experiment on sample samples.

The evidence does not lie, and a paper report checks the clues in the case one by one. After identification, illegal dumping residual waste liquids are high -concentration waste mineral oils containing phenyl and toluene and other harmful substances.

Actively explore:

Those who severely punish the ecological environment

"This case has caused the Yangtze River dry flow (longevity section) and its tributaries to varying degrees. Among them, the hazardous wastes dumped on the South Road of Huaman Road are discharged into a second -level tributary of the Yangtze River. The second -level tributary carried out emergency response and governance on the 7th. A total of 38.77 tons of black oil pollutants were cleaned up, and the transfer of 2493 cubic meters of polluting the river water seriously damaged the public interest of the social. "

"The case also caused the amount of damage exceeding 1 million yuan. The harm of waste fuel oil to the water body of the Yangtze River has seriously affected the health of the people of the coastal people."

Based on the above circumstances, in order to further determine whether the consequences of the harm of the case belong to the "Explanation of the Supreme People's Court, the Supreme People's Procuratorate handling several issues of laws to pollute the environmental criminal cases of environmental criminal case" "In the case, the Yubei District Procuratorate held many case analysis meetings, and asked the Chongqing Procuratorate to report to the Chongqing Procuratorate on issues such as the facts of the facts of the facts.

It is understood that in 2017, my country began to comprehensively trial ecological environmental damage compensation systems. As a supporting system, judicial interpretation was used as a supporting system, and ecological environmental damage was used as a standard for conviction. "The determination of" consequences is particularly serious ", we have different opinions when we discuss internal discussions." Yang Yan, a member of the professional team, recalled that under the guidance of the Chongqing Procuratorate, everyone finally reached a consensus: The remaining tons of hazardous waste was discharged into the tributary of the Yangtze River, causing the amount of ecological environmental damage exceeding 1 million yuan, and 17.262 tons of waste fuel oil has been discharged into the Yangtze River through tributaries, which has caused direct pollution to important national water bodies. It is seriously affecting the lives and health of the people of the coastal people, which is a situation of "particularly serious consequences."

On October 15, 2020, the Yubei District Procuratorate filed a public prosecution against five people including Jumeng and Zheng Mouqiang for suspected pollution.

According to reports, before the trial of the case, the prosecutors handled the case always revealed the consequences of the serious harm of the case as a breakthrough, patiently and detailed interpretation of the law. The two of Zhou volunteered to confess their crimes during the review and prosecution stage.

On November 2, 2020, the Yubei District Court opened the trial. After hearing, the Yubei District Court ruled the prosecutor's allegations and sentencing suggestions for the procuratorial organs in the first instance. Penalties ranging from eight months to three years and four months, each with fines. After the verdict, Zheng Mou was dissatisfied with the verdict and appealed. On August 4, 2021, the First Intermediate Court of Chongqing ruled the appeal and maintained the original sentence.

"This case is the first case of Chongqing's first case of quantitative compensation for the damage of the ecological environment as a situation that determines the" consequences of particularly serious ". It was adopted by the court. "Jiang Fei said.

In March 2021, the prosecutor went to the production site of the company again to investigate

Capable

Guard the Mother River with the power of the rule of law

Chongqing's third -level procuratorial organs cooperate with each other during the handling of this case. Cross -regional investigations, close cooperation, and traceability tracing the source of judicial efforts have been formed, which has effectively cracking down on cross -regional dumping hazardous waste gangs. It also brings inspiration to better cracking down on cross -regional dumping crisis:

Joint combat and coordinate the handling of the case. After obtaining the clues, the linkage mechanism was immediately launched. The procuratorial organs were involved in the first time to master key evidence in a timely manner to form a joint force of "procuratorial+administrative".

In view of the strong professionalism of polluting environmental crimes and many problems with the law, the procuratorial organs have formed a professional case -handling team consisting of business backbones, professional talents, and pacesetters. The role of think tanks ", group strategies solve difficult problems in environmental resource crimes, and accurately identify criminal facts and criminal responsibility.

Judicial linkage, three -dimensional accountability of "criminals". An important reason behind the crispy -regional dumping of hazardous waste is that the illegal dumping profit is amazing. Therefore, various departments efficiently linked law enforcement, the judicial connection is timely, and the cost of illegal costs is increased. The salary at the bottom of the illegal can completely dispel the fluke of the crime of the crime of the offenders.

The "Opinions on Promoting the Reform of Ecological Environmental Damage Compensation System Reform" issued by the Ministry of Ecology and Environment, including the Ministry of Ecology and Environment, clearly clarify that the crime of pollution of the environmental dumping crisis is not only suspected of polluting the environment, but also the expenses of environmental restoration. Through the double investigation of the "criminal+public interest litigation" case, the goal of combating and preventing, punishing and governance, maintenance, and promoting development of development was achieved.

Cross -district intended to form a new pattern of administrative supervision. In the supervision of administrative public interest litigation, the procuratorate conducted a case review of the relevant departments of the Greater Football Area to the relevant departments of the Great Football Area. According to the prosecution suggestion before the lawsuit, the department investigated and punished the environmental violations of the enterprises involved in the case, and simultaneously supervised it until it was fully rectified until its complete rectification. , Eliminate the adverse effect on the ecological environment, and effectively strengthen the supervision and management of hazardous waste in the jurisdiction.

Yijiang and Breeze and the green mountains on both sides of the strait. The most beautiful Yangtze River needs to be guarded. The "upstream responsibility" focuses on Taishan. The procuratorate of Chongqing will resolutely take responsibility. Relying on the Yangtze River Ecological Prosecutor's system, the stringent system is used to protect the ecological environment with the most stringent system, and to write a new era of "the song of the Yangtze River" with a vivid practice spectrum. (Dai Ping, Secretary of the Party Group and Attorney General of the Yubei District Procuratorate in Chongqing)

(Source: Procuratorial Daily Author: Zhang Bo Yang Xiao Picture: Li Ruifeng Tan Xiaobing)

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