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C. What is a major environmental liability accident?

日期:2022-03-20 14:32:36 浏览次数:56

The crime of major environmental pollution accident refers to the violation of state regulations to discharge, dump or dispose of radioactive waste, waste containing infectious disease pathogens, toxic substances or other hazardous wastes to land, water bodies or the atmosphere, causing a major environmental pollution accident and causing Acts in which public or private property suffers heavy losses or serious consequences of personal injury or death.

This crime is a consequential crime. Whether the perpetrator's illegal discharge, dumping, or disposal of hazardous waste constitutes a crime, the consequences of his behavior should be determined. If the behavior has serious consequences, this crime will be considered. Otherwise, it cannot be regarded as a crime. As for the standard of "serious consequences", further explanation is required. Refer to the "Interim Measures for Reporting Environmental Pollution and Destruction Accidents" issued by the State Environmental Protection Administration on September 10, 1987 and the "Interim Regulations on Investigation Procedures for Special Major Accidents" issued by the State Council on March 29, 1989

According to the provisions of Article 338 of the Criminal Law, a natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine or shall be fined; if the consequences are particularly 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. According to Article 346 of the Criminal Law, if a unit commits this crime, the unit shall be fined, and the person in charge and other directly responsible personnel who are directly responsible for the crime shall be punished in accordance with the provisions of the natural person committing