People's Procuratorate of Yi'an District, Tongling City, Anhui Province

Criminal protest

YJSXK [2019] No. 1

tongling The People's Court of Yi'an District issued the (2019) W0706 Criminal Adjunct Civil Judgment No. 2 to the case that the defendants Jiang, Zhang, Wang and Zhang were suspected of polluting the environment: the defendant Jiang committed the crime of polluting the environment and was sentenced to fixed-term imprisonment of four years and ten months, and a fine of 300000 yuan in gold; The defendant Zhang was sentenced to four years and four months in prison and a fine of 200000 yuan for the crime of environmental pollution; The defendant Wang was sentenced to two years and eight months in prison and a fine of 20000 yuan for the crime of environmental pollution; The defendant Zhang Moumou was sentenced to 10 months' imprisonment and a fine of 5000 yuan for the crime of environmental pollution.

After reviewing according to law, the Court believed that the judgment was wrong in finding facts and that the sentencing was obviously improper for the following reasons:

1、 Error in ascertaining facts

The judgment found that the total cost of disposing the garbage involved was 2898818 yuan, which was wrong. The cost of the disposed garbage in this case is 2898818 yuan, but there are still 700 tons of domestic garbage and 3700 tons of soil garbage to be disposed. According to the disposal cost standard, a total of 496000 yuan will inevitably be generated for disposal. According to Item (4) of Article 17 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution, "public and private property losses" include expenses incurred by taking necessary and reasonable measures to prevent the expansion of pollution and eliminate pollution. Therefore, the above disposal costs of 3394818 yuan, which have been incurred and will inevitably be incurred, should be the costs incurred by taking necessary and reasonable measures, which are all property losses caused by the case.

2、 Evidently improper sentencing

The judgment found that the facts were wrong, which led to the apparent inappropriateness of sentencing of the four defendants. In particular, the defendant Zhang Moumou was only sentenced to 10 months of fixed-term imprisonment, and was also fined 5000 yuan, which was a very light sentence. In this case, the defendant Zhang Moumou shall bear criminal responsibility for the property loss of 1018445.4 yuan, and the statutory punishment shall be fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

To sum up, the judgment found the facts wrong and the sentencing was obviously improper. In order to maintain judicial justice and accurately punish crimes, in accordance with the provisions of Article 228 of the Criminal Procedure Law of the People's Republic of China, we hereby lodge a protest and apply for a sentence according to law.

Sincerely

Anhui Tongling Intermediate People's Court

April 21, 2019

Attachment:

The defendants Jiang, Zhang, Wang and Zhang are now in custody in Tongling Detention Center.