Criminal imprisonment and civil compensation may involve many criminal charges of such production accidents, such as dereliction of duty, abuse of power, major accidents, dangerous goods accidents, major safety accidents in engineering, major safety accidents in educational facilities, fire accidents and so on.
The reason why such cases involve more crimes is that a major accident is often caused by a variety of reasons, and different people involved should be investigated for criminal responsibility according to law. For example, in the% investigation of the extraordinarily serious fire and explosion accident in Tianjin Port, the procuratorial organ intervened to take criminal compulsory measures against 1 1 responsible persons and investigated the1person for duty crimes.
Here, I will focus on the crime of major liability accidents. For the incident of 1 1.2 1, the official informed that the relevant criminal suspects had been controlled and that the fire was caused by illegal operation of electric welding. On the basis of a brief introduction, this paper makes a preliminary analysis of the legal nature of the behavior of the person responsible for the accident. Workers who directly carry out welding behavior and the main person in charge of the unit all constitute the crime of major liability accident. In this case, if the command and management personnel use their powers or other coercive means to force the workers to work illegally, it may constitute the crime of forcing the workers to work illegally and take risks. This paper only analyzes the crime of major liability accident.
The crime of serious accident is a common crime endangering public security in criminal law. This crime has been amended many times, that is, Article 130 of the Criminal Law that we see today: whoever violates the relevant provisions on the safety management of production and operation and causes heavy casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and if the circumstances are particularly bad, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever forces others to take risks in operations in violation of regulations, or who still takes risks in organizing operations knowing that there are serious accidents, causing heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and if the circumstances are especially bad, shall be sentenced to fixed-term imprisonment of not less than five years. It can be seen here that the maximum sentence for the crime of major liability accident is seven years, while the maximum sentence for the crime of forcing illegal and risky operations and the crime of organizing risky operations is fifteen years. Therefore, it is very important to characterize the case.
As can be seen from the legal provisions, the subject of this crime includes personnel engaged in production, operation and command and management in various production and operation activities. Any violation of relevant safety management regulations in production and operation, which causes unspecified casualties or heavy losses to the company's property, constitutes this crime. In view of the fact that this crime is a negligent crime system, there is no provision for unit crime, and only individual criminal responsibility is investigated.
This crime is objectively manifested in violation of relevant safety management regulations in production and operation, resulting in heavy casualties or serious consequences. The first one here is to violate the relevant safety management regulations. The safety management laws and regulations here include not only the relevant laws and regulations formulated by the state, but also the rules and regulations and operating procedures for safe production and operation formulated by the industry or management departments. Manifestations include: employees refuse to obey management, do not listen to instructions, blindly act recklessly, leave their posts without permission, etc. , including management personnel blindly directing the scene and making work arrangements that do not meet the requirements of safe production and operation.
The second is to cause heavy casualties or serious consequences. Because this crime is a negligent crime, only the consequences will be punished. The heavy casualties and serious consequences specified here, as long as they meet one of them, constitute this crime. In the incident of 1 1.2 1, we can see that 36 people have died, which not only satisfies the heavy casualties and serious consequences, but also has a very bad social impact, which is beyond doubt.
The crime is subjective negligence. Negligence here refers to accidents caused by negligence or other unforeseen serious consequences, or accidents that were predicted but overconfident and could be avoided without taking the correct operation method. For violations of safety management regulations, only subjective mentality does not affect conviction, that is, whether it is intentional or negligent violation of safety management regulations constitutes this crime, but sentencing will be considered.
In terms of sentencing, according to the relevant judicial interpretation, only the relevant responsible personnel who are mainly responsible for the accident are sentenced to fixed-term imprisonment of not less than three years but not more than seven years. 1 1.2 1 The death toll has reached 36, and the sentencing range is determined to be within three years and seven years.
Many people will feel that seven years' imprisonment is too light for such a major safety accident after seeing the prison term of such cases. First of all, it should be emphasized that this case is a negligent crime, and the perpetrator does not want the accident to happen. He didn't want an accident himself, which was contrary to his expectation. Therefore, the penalty for negligent crime should not be too high.
In addition, in such a major safety accident, it is often not the result of a person's behavior. The actions of many people led to the accident. For example, the person in charge of the enterprise did not provide a safe working environment, and the employees did not receive appropriate technical training and necessary safety education, which led to the employees carrying out production operations without knowing the safety management regulations.
Front-line operators' awareness of safety in production is weak, their technical ability is not up to standard, mistakes in operation process lead to accidents, and the regulatory authorities fail to fulfill their regulatory obligations and neglect their duties, which leads to enterprises continuing to produce and operate even if there are major safety hazards. So generally speaking, many people will be investigated for criminal responsibility for this major safety accident.