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Punishment for the crime of environmental pollution

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Punishment for the crime of environmental pollution


        

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  • 2024-05-26 14:01:09

    The punishment for the crime of environmental pollution shall be fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the circumstances are aggravated, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

    [Legal Basis]

    Article 338 of the Criminal Law: Whoever, in violation of State regulations, discharges, dumps or treats radioactive waste, waste containing pathogens of infectious diseases, toxic substances or other harmful substances, thus seriously polluting the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined;

    If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined:

    (1) Discharging, dumping and disposing of radioactive waste, waste containing infectious disease pathogens and toxic substances in key protection areas determined according to law, such as drinking water source protection areas, core protection areas of nature reserves, and the circumstances are especially serious;

    (2) Discharging, dumping or treating radioactive waste, waste containing pathogens of infectious diseases or toxic substances into major rivers, lakes and waters designated by the State, and the circumstances are especially serious;

    (3) Causing a large number of permanent basic farmland to lose its basic functions or suffer permanent damage;

    (4) Causing serious injury, serious disease, or serious disability or death to more than one person. Whoever commits the act mentioned in the preceding paragraph, which also constitutes another crime, shall be convicted and punished in accordance with the provisions on heavier punishment.

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