Solve the "big problem" of safety production with "small incision" of cases

2022-10-18

On September 15, the on-site promotion meeting for the procuratorial organs to implement the "No. 8 procuratorial proposal" of the Supreme People's Procuratorate was held in Hefei, Anhui Province. The procuratorate of Anhui Province and the provincial emergency management department introduced their work experience at the meeting. Lu Jianwu, a member of the Party Leadership Group and Deputy Procurator General of the Anhui Provincial Procuratorate, told reporters that handling cases is the best sample for implementing the "No. 8 procuratorial recommendation". An important experience of Anhui is to focus on "supervision in handling cases, and handling cases in supervision". At the same time, we adhere to the principle of attaching equal importance to crime and governance, solving "big problems" in production safety with "small cuts" in cases, and constantly building a "firewall" in production safety. On July 23, 2021, at a construction site in Guangde, Anhui Province, three construction workers fell to death due to the collapse of scaffolding. On the day of the incident, the Guangde Municipal Government established a pre accident disposal team, led by the Guangde Emergency Management Bureau, with the participation of Guangde Procuratorate, the Municipal Public Security Bureau, the Municipal Bureau of Housing and Urban Rural Development and other units, to carry out relevant accident disposal work. Guangde Municipal Procuratorate put forward opinions on such issues as fixed preservation of evidence collection and investigation direction. According to the accident investigation team, the direct cause of the accident was that the scaffolding company involved did not set up the scaffolding in a standard way, the quality of some components of the scaffolding did not meet the standard, and the foreman of the bricklayer carried out the brutal construction; Lv, the project leader of the expansion plant of an Anhui mixing equipment company, and Wang, the leader of the bricklayer team, have violated the relevant safety management regulations in production and operation, which has been suspected of constituting a major accident crime. The clues of the case were handed over to the public security organ in time. On August 13, 2021, after the public security organ filed the case, the procuratorial organ intervened in advance and suggested that the public security organ should focus on two key points: on the one hand, fix the on-site evidence as soon as possible, and carry out technical inspection and identification to find out the cause of the accident; On the other hand, the specific behaviors and responsibilities of the persons involved in the case shall be clarified. On November 12 of the same year, the case was transferred to Guangde Municipal Procuratorate for examination and prosecution. During the review by the procuratorial organ, on the basis of fully adopting the accident investigation report to identify the responsibilities of all parties, and according to the role of each specific act of the personnel involved in the case against safety management in causing the accident, Lv, who is fully responsible for the project construction and safety management, is determined as the first responsible person, who is mainly responsible; Wang and Tu, who are responsible for the direct cause of the accident, should also be primarily responsible, and other persons involved should be considered as secondary responsibility. Accordingly, the Guangde municipal procuratorate indicted seven people suspected of major liability accident crimes, including the suspect Lv. In addition to Mr. Lv, Mr. Wang and Mr. Tu, the procuratorial organ also required to investigate the responsibility of the responsible persons of the accident related units, including the criminal responsibility of the person in charge of the supervision company, the construction company and the project party Anhui Mixing Equipment Co., Ltd. On February 16, 2022, the court adopted all the facts, charges and sentencing recommendations charged by the procuratorial organ, and sentenced 7 people, including Mr. Lv, to fixed-term imprisonment ranging from one year and ten months to nine months, and suspended sentences ranging from one year for the crime of major accident. At present, the judgment has come into force. In view of the universal and industrial problems reflected in the case, the Guangde Municipal Procuratorate, based on the traceability and prevention of safety in production, introduced the system to Guangde Housing and Urban Rural Development Bureau and other units

Edit:Yi Bing    Responsible editor:Wei Li Bin

Source:The Procuratorate Daily

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