The first case in the country!Dangerous operation case in the field of fire safety is officially judged

The first case in the country! Fire safety field

Dangerous operation case formal judgment

Dangerous operation case formal judgment

On June 13, the first national fire safety operation case (non -accidental execution case) was successfully sentenced. The Zhejiang Jinhua Grassroots Court sentenced the defendant Zhang Moumou to crime at dangerous homework and sentenced him to five months of detention, and the probation was nine months.

01

Basic case

On March 31, 2022, law enforcement officers of Jinhua Fire Rescue Institutions found in the inspection: Fire Fighting Systems such as automatic fire alarm system, automatic water injection and fire extinguishing system, and fire hydrant system in a company have long been paralyzed for a long time; in addition, there are still workshops Internal illegal acts such as illegal residents of employee dormitory, building steel sheds occupying fire pitch, stacking and occupation of fire lanes are illegal. The company is a major fire hazard unit. Once the fire occurs, the consequences are unimaginable.

After investigation, the company's deputy general manager Zhang Moumou decided to demolish the main board of fire protection facility hosting by maintenance personnel without authorization, while knowing that the company had a major fire hazard, and the maintenance personnel continued to produce operations normally during the period. The company's fire safety manager once reported to him that the maintenance was not completed. Zhang Moumou did not take corresponding remedial measures, which caused the fire automatic alarm system, automatic water spray fire extinguishing system, and fire hydrant system to be unable to work and paralyzed.

02

Court decision

The defendant Zhang Moumou violated the provisions of safety management in production and operations, closed the monitoring, alarm, life -saving equipment, and facilities that were directly related to production safety, and had a real danger of major casualties. The behavior had constituted a crime of dangerous operations. In accordance with Article 134 of the Criminal Law of the People's Republic of China, the defendant Zhang Moumou was convicted of dangerous operations and sentenced to five months of detention and nine months of probation.

03

Case warning

Fire protection facilities refer to the automatic fire alarm system, automatic fire extinguishing system, fire hydrant system, smoke -proof tobacco and exhaust system, and emergency broadcasting and emergency lighting, safety evacuation facilities. The fire automatic alarm system is a fire prevention system that provides control and instructions for personnel evacuation, preventing the spread of fire, and starting the automatic fire extinguishing equipment. The automatic water -spraying fire extinguishing system is one of the most effective automatic fire extinguishing facilities in the world today. It is the most widely used automatic fire extinguishing system. Application practice at home and abroad has proved that the system has the advantages of security, reliability, economic practicality, and high fire extinguishing power. According to statistics, 93%of the firefighting fire supply conditions of the firefights are better in the case of successful fires; and 81.5%of the firefields lack fire water for fire fields in the case of unfavorable fires. The indoor fire hydrant system is the main facility for the initial fire, especially the fire control required for fire control and rescue is mainly supplied by the fire supply system. The water supply capacity and safety and reliability of the fire to the water determine the effectiveness of the fire extinguishing. Therefore, fire protection facilities are important protective facilities that are directly related to production safety monitoring, alarm, and protection. They must not be closed and destroyed, otherwise they will face criminal punishment.

04

Knowledge expansion

Fire protection facilities are an important guarantee for safety production. It refers to the automatic fire alarm system, automatic fire extinguishing system, fire hydrant system, smoke -proof smoke and exhaust system, and emergency broadcasting and emergency lighting, safety evacuation facilities.

The crime of hazardous operation was newly charged in the Criminal Law Amendment (11), and one after 134 of the Criminal Law was added as one of the 134th. The specific content is as follows: In the production and operation of violation of the provisions of the safety management, there is one of the following circumstances, and there is a real danger of a major casualties or other serious consequences.

(1) Turn off and destroy the monitoring, alarm, protection, life -saving equipment, facilities, or tampering, concealing, destroying their relevant data and information;

(2) If the hidden dangers of major accidents are ordered to suspend production, stop construction, stop the construction, stop the use of relevant equipment, facilities, places, or immediately take rectification measures to eliminate danger, and refuse to implement it;

(3) Matters involving safety production have not been approved or permitted in accordance with the law, and they are engaged in mining mining, metal smelting, construction construction, and highly dangerous production operations such as production, operation, and storage of dangerous items.

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