Shenzhen's first case! Unsafe hazardous operations lead to a new criminal charge under the Criminal Law
Compiled from: Shenzhen Emergency Management
Case review
On April 1, 2021, law enforcement officers from the Longhua District Emergency Management Bureau in Shenzhen conducted a routine inspection at an industrial park. In an open area of the park, they discovered four container-converted makeshift workplaces, inside which a large quantity of suspected hazardous chemicals with flammable labels were stored. The site was adjacent to factories and residential buildings, posing a real risk of major casualties or other serious consequences.
The officers lawfully seized 3,186.5 kg of suspected hazardous chemicals on-site, collected 27 samples for entrusted identification, and sealed the four container-converted structures involved.
After verification, all 27 samples submitted for on-site inspection were hazardous chemicals. The parties involved in the case were Yan, Yuan, and Peng, who illegally engaged in highly dangerous production activities such as manufacturing, operating, and storing hazardous chemicals without obtaining a business license, a hazardous chemical safety production permit, or a hazardous chemical operation permit.
On May 28, the case suspected of the crime of dangerous operations was transferred to the Longhua Public Security Sub-bureau. On June 3, the public security organs formally filed a case for investigation on the charge of dangerous operations.
Subsequently, the case was prosecuted by the Longhua District People's Procuratorate to the district people's court on the charge of dangerous operations. Recently, the Longhua Court rendered a judgment in this case, sentencing the defendant Yan Mouhua to seven months' imprisonment, suspended for one year and six months, for illegally producing and operating hazardous chemicals.
Article 134-1 of the Criminal Law of the People's Republic of China
Whoever violates the provisions on safety management in production or operations, under any of the following circumstances, posing a real risk of causing a major accident with serious injuries or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention, or public surveillance:
(1) Shutting down or damaging monitoring, alarm, protection, or life-saving equipment or facilities directly related to production safety, or tampering with, concealing, or destroying related data or information;
(2) Being ordered to suspend production, business operations, construction, or the use of relevant equipment, facilities, or premises, or to immediately take corrective measures to eliminate hazards due to the existence of major accident risks, and refusing to comply;
(3) Engaging in highly dangerous production activities such as mining, metal smelting, construction, or the production, storage, and operation of hazardous substances without the legally required approval or permit.
[1] The author's perspective
It is reported that this is the first case of the crime of dangerous operations in Shenzhen to enter judicial judgment since the implementation of the Criminal Law Amendment (XI) of the People's Republic of China on March 1, 2021. The establishment of the crime of dangerous operations means that even if no major casualty accident occurs in the field of production safety, as long as the actor's conduct endangers the legal interests of production safety protected by criminal law, it will be regulated by criminal law, and the actor will be held criminally liable.
In this case, hazardous chemicals are toxic, harmful, flammable, and explosive, and their production, storage, use, and transportation all pose significant risks and constitute dangerous operations, requiring legal permits; otherwise, they may involve illegal or criminal activities. Of course, other dangerous operations that require legal approval or permits must also be obtained in accordance with the law and cannot be undertaken without authorization. Lessons from hazardous chemical accidents causing casualties occur from time to time, and such painful lessons cannot be repeated; the alarm must be sounded constantly and kept in mind at all times.
According to news reports, since the addition of this charge, various regions have successively deployed special campaigns to combat illegal and criminal activities in dangerous operations, aiming to further regulate the production, transportation, and operation of hazardous substances and maintain the order of production safety. This shows that protecting the safety of people's lives and property requires not only legislation but also the joint promotion of judicial and law enforcement forces. Relevant departments must take strong and effective measures, and people's courts must fully exercise their criminal trial functions to achieve the goals of effective regulation and lawful punishment.
