On September 5, the 7th edition of the Procuratorial Daily Voice Weekly  

　　 Original title  

　　 "This is a profound safety education lesson"  

　　 Anhui: Invite the fourth level NPC representatives to observe and comment on the trial of a dangerous goods accident case  

　　 "The production safety accident seems to be accidental, but there must be a reason. Any negligence may bury potential safety hazards, and we must be highly vigilant!" On August 30, the case of Liu Mouyue and Zhou Mougen, who were indicted by the Procuratorate of Jinghu District, Wuhu City, Anhui Province, suspected of causing trouble with dangerous goods, was heard in the district court in public. Deputies to the National People's Congress, members of the CPPCC The people's supervisor was invited to the scene to observe. After the hearing, Lv Hui, deputy to the National People's Congress and director of the Radio Drama Department of Anhui Radio and Television Station With emotion.  

　　 Three people died due to the captain and mate's illegal operation  

　　 ▲ The case of Liu Mouyue and Zhou Mougen, who were indicted by the Jinghu District Procuratorate in Wuhu City, Anhui Province, on suspicion of causing trouble with dangerous goods, was heard in public in the district court.  

　　 Liu Mouyue and Zhou Mougen are respectively the captain and chief mate of the "Huamou" ship of a company in Zhejiang. Liu Mouyue is fully responsible for the safe operation of the ship and the implementation of safety management rules and regulations. Zhou Mougen is in charge of cargo stowage, loading and unloading and transportation management, and assists the captain in carrying out safe operation and environmental protection.  

　　 The Jinghu District Procuratorate accused that in late September 2021, when the "Huamou" ship was carrying the dangerous chemical hexane, the two people first illegally used the ship's slop tank to load hexane, causing the leakage of hexane, and then organized and led the crew to enter the closed cabin in violation of regulations, and used operating tools in violation of regulations to make up the leakage, which caused an explosion, killing three crew members.  

　　 The procuratorial organ believes that Liu Mouyue and Zhou Mougen, in violation of the regulations on the management of explosive and flammable substances, are mainly responsible for major accidents due to negligence during the transportation of dangerous chemicals, and should be investigated for criminal responsibility for the crime of causing an accident with dangerous substances.  

　　 In the court, the public prosecutor showed the evidence of the whole case in six groups in the form of pictures and videos from the aspects of conviction and sentencing through multimedia demonstration, so that the defendant and the audience representatives could intuitively understand the process and cause of the accident. In addition, at the request of the procuratorial organ, Xue Yuanxin, member of the accident investigation team and deputy director of the navigation department of Wuhu Maritime Safety Administration , appear in court as a person with expertise, and explain the facts and legal basis of the division of accident liability.  

　　 "I plead guilty and accept punishment. My lack of safety awareness and carelessness led to the accident. I am very sad. Sorry for the dead crew. This is a painful lesson in my life." The defendant Liu Mouyue deeply repented in his final statement. The defendant Zhou Mougen also wept in court, saying that he was ashamed of the three colleagues and their families who lost their lives in the accident. "The lesson is bloody, and he will strictly abide by various safety management regulations in the future".  

　　 In view of the fact that the two defendants voluntarily surrendered to the case, sincerely repented, voluntarily pleaded guilty and confessed to punishment, and the victim's family members received full compensation and issued a letter of understanding, the procuratorial organ proposed to the two defendants according to law that they should be sentenced to one year and six months of fixed-term imprisonment, apply probation, and apply the sentencing recommendation of "prohibition order" at the same time. The Jinghu District Court, after hearing the case, pronounced a sentence in court, confirmed all the charges made by the procuratorial organ, and adopted the sentencing suggestions , sentenced two defendants to one year and six months' imprisonment and two years' probation for the crime of causing an accident with dangerous goods, and prohibited them from engaging in dangerous goods transportation and related activities during the probation period. After the judgment of the first instance was pronounced, the two defendants said in court that they would not appeal.  

　　 Delegates experience "immersion" law popularization education  

　　 ▲ After the trial, the representative members and the prosecutors will review the trial effect and case handling together.  

　　 In order to better implement the "No. 8 procuratorial recommendation" of the Supreme People's Procuratorate, deepen the working mechanism of "government procuratorial linkage", and effectively play the role of procuratorial organs in promoting social governance of work safety, The Anhui Provincial People's Procuratorate took the case as an observation court for the procuratorial organs of the whole province, and arranged the business backbone of the procuratorial organs of Hefei, Huainan and other cities to attend. After the hearing, the representative members and the prosecutors will evaluate the effect of the hearing and the handling of the case together.  

　　 "It is very meaningful to select this production safety accident case for observation!" Zhang Li, NPC deputy and head of Anhui Animal Husbandry Technology Promotion Station He believes that, unlike land, the society pays less attention to water traffic accidents, which is a good opportunity to popularize the law. The case is conducive to promoting the shipping supervision department to implement the supervision responsibility, and fully reflects the procuratorial organ's feelings of adhering to the supremacy of the people and life. She also expressed appreciation for the activity mode of "observation+review", which is conducive to improving the level of case handling and judicial credibility.  

　　 "It's a worthwhile trip." Zhu Wenjun, deputy to Anhui Provincial People's Congress and vice chairman of the Social Construction Committee of Anhui Provincial People's Congress It was introduced that an important responsibility of the Social Construction Work Committee of the Standing Committee of the People's Congress is to contact the work of work safety. On a daily basis, 12 government departments such as emergency management and fire protection should be specifically linked. According to the work arrangement of the Standing Committee of the People's Congress of Anhui Province, this year, the Regulations of Anhui Province on Work Safety should be revised, and at the same time, the special report of the provincial government on work safety should be heard, "Having listened to the trial of this case, I have a more intuitive sense of safety in production".  

　　 Zhu Wenjun noticed two details when auditing, everything The accusation applied when the public security organ transferred the case for examination and prosecution was the crime of major accident, and the accusation charged by the procuratorial organ was the crime of causing an accident by dangerous goods; the other one It only took the procuratorial organ 6 days from accepting the case to initiating the public prosecution. "The procuratorial organ's determination of the nature of the case was confirmed by the court, the sentencing proposal was adopted, and the case was sentenced in court. Judging from these court trial effects, the procuratorial organ's handling of the case is of high quality and efficiency." Zhu Wenjun said.  

　　 Lv Hui It was the first time that she went to the court to listen to the trial of a case. She was very satisfied with the public prosecutor's performance in court that day. She believed that the prosecutors who appeared in court showed the professional demeanor of prosecutors in the new era in terms of language expression, image temperament, argumentation logic, and debate skills, making them "accept an 'immersion' law popularization education". Lv Hui said that the level of multimedia demonstration was clear, which made the audience clear at a glance; Applying for expert witness to appear in court has strengthened the persuasiveness of the charges; The public prosecution opinion issued in court integrates reason, reason and law, which deeply touched people after listening to it; The sentencing suggestion is appropriate, which reflects the criminal policy of tempering justice with mercy, which shows the prosecutors' solid professional skills and loyal professional responsibilities.  

　　 The three representatives also affirmed that the procuratorial organ actively invited representatives to watch the court trial, which was an effective way to promote judicial openness, improve judicial credibility, and vividly reflect the procuratorial organ's willingness to accept people's supervision.  

　　 The "No. 8 procuratorial proposal" should be pursued endlessly  

　　 ▲ NPC deputies, CPPCC members and people's supervisors were invited to the scene to observe.  

　　 "Any link is not solid, any position is not secure, may lead to unexpected safety accidents. No matter enterprises or individuals, must not have the wrong understanding of 'safety gives way to efficiency'. A moment of carelessness and weak personal protection awareness will only cause irreparable harm to individuals, families, enterprises and even public safety!" During the court trial, The opinions of the public prosecutor aroused strong resonance among the audience.  

　　 "As the saying goes, 'The ignorant are fearless', but the knowledgeable are more fearless. The two defendants ran away for decades, which is not unknown, but their blind confidence eventually led to tragedy!" Lv Hui said that as a publicity worker, she would integrate these typical cases into her own creation 。  

　　 Zhang Li It is pointed out that some front-line operators have poor safety awareness, habitual violations of rules and regulations, and lack of awareness of the consequences of hazards, which have buried numerous hidden dangers for production safety. "Departments at all levels must resolutely shoulder the responsibility of the first responsible person and resolutely prevent and eliminate all kinds of major accidents," she said.  

　　 In February this year, the Supreme People's Procuratorate issued the "No. 8 Procuratorial Recommendation" to the Emergency Management Department specifically for work safety. Lu Hui, Zhang Li, Zhu Wenjun and other representatives believed that As a legal supervision organ, the procuratorial organ is to focus on the front end, prevent disease before it happens, perform its duties according to the law, run source prevention through the whole process of handling cases, promote the source of litigation governance in the field of work safety, help the overall situation of national governance, and promote the modernization of the governance system and governance capacity in the field of work safety.  

　　 From January to June this year, the procuratorial organ of Anhui Province accepted, reviewed and prosecuted 109 criminal crimes against work safety, 175 people, including 117 people who filed 65 public prosecutions and 41 people who did not prosecute 24; 455 public interest litigation cases were filed in the field of work safety, including 430 pre litigation procuratorial suggestions and 4 lawsuits.  

　　 "We should take the implementation of the 'No. 8 Procuratorial Recommendation' and the strengthening of work safety supervision as a regular work, and work on it endlessly." Delegates also suggested that We should give full play to the "four major procuratorial functions", focus on the supervision of violations of the laws and regulations on work safety, further increase the search for clues, grasp the handling of work safety cases, adhere to the "zero tolerance" to crack down on work safety related criminal activities, and handle a number of typical and influential cases of major accidents, dangerous operations and public interest litigation, We will conscientiously safeguard public safety and the lives and health of the people.