"Illegal loading of dangerous chemicals, illegal operation and emergency repair after the leakage of dangerous chemicals, causing the cabin explosion, resulting in the serious consequences of three deaths." On the morning of August 30, 2022, the case of Liu Mouyue and Zhou Mougen, who were prosecuted by the People's Procuratorate of Jinghu District, Wuhu City, Anhui Province, for the crime of causing an accident by dangerous substances, was heard in public in the People's Court of Jinghu District, Wuhu City, The People's Procuratorate of Jinghu District appointed procurator Che Lingzi to support the public prosecution.
The People's Procuratorate of Anhui Province designated the court trial of this case as the provincial procuratorial organ observation court. At the invitation of the procuratorial organ, Lv Hui, a deputy to the National People's Congress and director of the radio drama department of Anhui Radio and Television Station, Zhang Li, a deputy to the National People's Congress and head of Anhui Animal Husbandry Technology Popularization Station, Zhu Wenjun, a deputy to the Anhui Provincial People's Congress and deputy director of the Social Construction Work Committee of the Standing Committee of the Provincial People's Congress, some deputies to the People's Congress of Wuhu City and Jinghu District, as well as members of the CPPCC and people's supervisors of Wuhu City, Members of the CPPCC Jinghu District and others watched the trial.
The court hearing in the morning lasted for more than one hour. After hearing, the People's Court of Jinghu District, Wuhu City made a judgment in court. It recognized all the facts of the crime charged by the procuratorial organ, and adopted the sentencing proposal. Both defendants were sentenced to one year and six months of fixed-term imprisonment, and were suspended for two years. At the same time, it was prohibited to engage in dangerous goods transportation and related activities during the probation period. After the judgment, the two defendants said in court that they would not appeal.
Illegal loading and operation
Major accident with 3 deaths
The procuratorial organ alleges that the defendants Liu Mouyue and Zhou Mougen are respectively the captain and chief mate of the "Huamou" ship. In late September 2021, when the "Huamou" ship was used to transport the dangerous chemical hexane, they first used the ship's sewage tank to load hexane in violation of regulations, 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 remedy the leakage in the cabin, Three crew members died of explosion in the cabin. 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 view of the fact that the two defendants voluntarily pleaded guilty and repented, voluntarily surrendered to the case, and the victim's family issued a letter of understanding, the procuratorial organ according to law applied the leniency system of pleading guilty and pleading guilty to the two defendants, and proposed to the two defendants that they should be sentenced to one year and six months of imprisonment, apply probation, and prohibit the transportation of dangerous goods during the probation period for probation.
Safety production alarm bell rings
Warning education arouses resonance
"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 benefits'. A moment of carelessness and weak personal protection awareness will only cause irreparable losses to individuals, families, enterprises and even public safety!" The public prosecutor took the case as a reference to express his opinion on public prosecution, which aroused the resonance of the people on the scene to safety in production.
"Work safety accidents seem accidental, but they are inevitable. Any carelessness may bury potential safety hazards, and we must be highly vigilant. Inviting representatives to watch the trial is an immersive experience activity, which has played a very good educational demonstration significance", said Lv Hui, a deputy to the National People's Congress and director of Anhui Radio and Television Station's radio drama department, when reviewing in court.
During the court investigation in the morning, 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, the procuratorial organ applied for the presence of persons with expertise to explain the facts and legal basis for the division of accident liability, and achieved good results.
"I pleaded guilty and pleaded guilty to punishment. This time, I was very sad because of my lack of safety awareness. I am sorry for my dead comrades, which is a profound lesson for me." The defendant Liu Mouyue deeply repented of the tragedy caused by his weak safety awareness in his final statement. The defendant, Zhou Mougen, wept in court and repented, saying that this was a bloody lesson and was ashamed of the three colleagues who lost their lives in the accident.
Prosecutors handle cases meticulously
Recognized by NPC deputies
After the hearing, the deputies to the National and Provincial People's Congress and all prosecutors invited to participate in the observation conducted a review on the appearance of the public prosecutor. The review meeting was presided over by Li Geming, the director of the second procuratorial department of the provincial procuratorate, and everyone agreed that the case of the observation court was well chosen. The safety production accident of navigation on water was different from that on land, and the case was a powerful incision to promote the shipping supervision department to implement the supervision responsibility; The public prosecutor performed well in court, the interrogation was closely focused, the demonstration was simple and efficient, and the logical thinking was rigorous; The effect of the trial is good. Multimedia evidence and people with expertise appear in court, which strengthens the accusation of the trial; In addition, it is believed that the public prosecutor's thinking of listing evidence and putting forward the sentencing proposal of injunction have a good reference significance for the judicial handling of the case, and made valuable suggestions on the shortcomings of the case.
"Inviting deputies to the National People's Congress to attend the trial of work safety accidents fully reflects the procuratorial organ's working attitude of putting people first and putting life first! It has improved the people's trust, trust and confidence in the procuratorial organ." Zhang Li, a deputy to the National People's Congress and head of Anhui Provincial Animal Husbandry Technology Popularization Station, fully affirmed the activity mode of "observation+review", It is believed that this case is the full embodiment of the system of pleading guilty and accepting a lenient punishment, which saves judicial resources and improves the effect of handling cases; The representative of Zhang Li suggested that the procuratorial organ should further develop the procuratorial function of public interest litigation and actively perform its duties in jointly promoting the protection of the Yangtze River.
"The form of observing the court is good, which enhances the relationship between the procuratorial organ and the deputies to the people's congress, and is a vivid manifestation of the procuratorial organ's acceptance of the people's supervision." Zhu Wenjun, a deputy to the Anhui Provincial People's Congress and deputy director of the Social Construction Work Committee of the Standing Committee of the Provincial People's Congress, believes that the case quality is good, the efficiency of handling the case is high, and the outstanding performance of the public prosecutor in the court shows the good image of the procuratorial organ, At the same time, he suggested that the procuratorial organs should actively perform their duties, further give play to their legal supervision functions, and promote traceability governance in the field of work safety.
The procurator performs his duties actively
Implement the "No. 8 Procuratorial Recommendation"
This observation court is a vivid embodiment of the Anhui Provincial Procuratorate's implementation of the "No. 8 Procuratorial Recommendation" of the Supreme People's Procuratorate, deepening the working mechanism of "government procuratorate linkage", and effectively playing the role of the procuratorate in promoting social governance of production safety. Wu Yihuo, director of the Propaganda Department of the Provincial Procuratorate, thanked the NPC deputies for their attendance and valuable comments during the review, and put forward suggestions for doing a good job in case handling and publicity, case risk assessment, social stability assessment, and implementation of the "No. 8 Procuratorial Recommendation". Ding Biyong, Deputy Secretary of the Party Leadership Group and Deputy Procurator General of the Wuhu Procuratorate, said that the successful handling of the case benefited from the careful guidance of the provincial procuratorate and the strong support of all parties, as well as the hard work of the public prosecutor, and said that the Wuhu procuratorate will give full play to its procuratorial functions, continue to promote the implementation of the "No. 8 procuratorial recommendation", and escort safe production.
It is understood that the provincial procuratorate organized more than 10 key procuratorial personnel from Hefei, Huainan and other places to participate in the observation. Zhao Haoping, Secretary of the Party Leadership Group and Procurator General of the Second Procuratorate Department of the Provincial People's Court, Propaganda Office of the Provincial People's Court, and Wuhu Municipal People's Procuratorate, observed and guided on the spot. In addition, persons in charge of Wuhu City, Jinghu District Emergency Management Bureau and relevant production units attended the court hearing at the invitation of the procuratorial organ.