The reporter learned from the Supreme People's Procuratorate that the General Office of the Supreme People's Procuratorate, the General Office of the Ministry of Public Security, and the General Office of the Ministry of Ecology and Environment recently jointly issued guidelines for handling evidence related to environmental pollution crimes. Through a list of itemized evidence, it guides public security organs to collect evidence in a standardized and efficient manner, further clarifying the focus and direction of procuratorial organs' review, and continuously improving the quality and efficiency of handling environmental pollution crime cases. The guidelines propose that in handling criminal cases of environmental pollution, three principles of "comprehensive and objective", "legal and standardized", and "evidence-based judgment" should be established. Evidence should be collected, fixed, reviewed, and used legally, scientifically, standardized, comprehensively, and objectively. Evidence should be used as the basis for factual determination and legal application to ensure the unity of case quality and efficiency. The guidelines are clear, and attention should be paid to the collection and examination of evidence on the objective aspects of crime, to identify the specific types of pollutants, to prove that the suspect has carried out the act of discharge, dumping or disposal, and that it meets the conditions of "serious environmental pollution", "serious circumstances" and "particularly serious circumstances" listed in the interpretation of several issues on the application of law in handling criminal cases of environmental pollution. The guidelines also emphasize the need to pay attention to determining the causal relationship between environmental pollution and emissions, dumping, and disposal behaviors. The guidelines require that when handling criminal cases of environmental pollution, relevant evidence of criminal responsibility should also be collected and reviewed, accurately distinguishing between unit crimes and individual crimes. Identify the criminal motive, purpose, and premeditation of the perpetrator. It is necessary to comprehensively collect and review the evidence proving the legal and discretionary sentencing circumstances of the suspect who pollutes the environment, including the evidence of lenient circumstances such as voluntary surrender, role of joint criminal status, confession of guilt and punishment, and restoration of the ecological environment, as well as the evidence of serious circumstances such as criminal record and misdeeds, to ensure that the case is convicted accurately and the sentencing is appropriate. The responsible persons of the three departments stated that procuratorial organs, public security organs, and ecological environment departments at all levels should implement the requirements of the guidelines, fully play their functional roles, strengthen cooperation and cooperation, and form a joint force for punishment. (New Society)
Edit：He Chuanning Responsible editor：Su Suiyue
Source：Xinhua
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