Coral planting on the seabed to repair damaged ecology
Longgang, Shenzhen: Exploring a new path of alternative ecological restoration before litigation
In November 2023, with the witness of the prosecutor, relevant departments will evaluate the coral planting.
In order to recover the negative impact of the illegal discharge of untreated feces on the marine ecological environment, the criminal suspect completed the alternative restoration by planting coral before the lawsuit, and was given a lighter punishment according to law. After the Longgang District Procuratorate of Shenzhen City, Guangdong Province filed a public prosecution, the court recently sentenced the defendants Yuan Moujia and Yuan Mouyi to 10 months and 6 months of fixed-term imprisonment respectively for the crime of environmental pollution, and each of them was suspended for one year.
In May 2022, Yuan Moujia undertook the mobile toilet cleaning business of a company's port driver transfer point. In the following two months, Yuan Mouyi drove Yuan Moujia's muck suction truck to collect the muck, which was not delivered to Shenzhen Municipal Waste Disposal Center for treatment as required, but was secretly discharged to the municipal sewage well. Yuan Moujia tacitly agreed that Yuan Mouyi and Rong Mou and Zhang Mou, employees of a company, had repeatedly arranged secretly. It is identified that the fecal residue secretly discharged contains toxic substances such as heavy metals. In February 2023, the public security organ will transfer 4 people including Yuan Moujia to Longgang District Procuratorate for investigation and prosecution.
"We regret very much. Can we have the opportunity to remedy and try our best to recover the damage to the environment?" In August 2023, four people including Yuan Moujia expressed their willingness to recover the impact of illegal acts on the ecological environment by means of repair. Longgang District Procuratorate, after fully demonstrating the necessity, method, amount and acceptance criteria of alternative repair, issued the Confirmation of Pre litigation Alternative Repair Plan in September of the same year, which was signed by 4 people including Yuan Moujia.
As the untreated fecal residue will eventually have a negative impact on the marine ecological environment, and coral can effectively purify the ocean, Longgang District Procuratorate finally determined the restoration plan by planting coral on the seabed after consulting with Dapeng Administration Bureau of Shenzhen Municipal Planning and Natural Resources Bureau.
Under the witness and supervision of Longgang District Procuratorate, Yuan Moujia and other four people entrusted Shenzhen Research Institute of Guangdong Ocean University to plant coral in batches in the sea area near Dongchong Wharf in Dapeng New Area, and entrusted a third-party company to evaluate the planting effect. In December 2023, the third-party company will issue a monitoring report and confirm that 607 corals have been planted accumulatively, with a survival rate of 100%, reaching the acceptance standard.
In view of the fact that four suspects, including Yuan Moujia, have no criminal record, can truthfully confess their crimes after arriving at the case, voluntarily plead guilty and admit punishment, and actively repair the ecological environment, in December 2023, Longgang District Procuratorate made a relatively non prosecution decision for Rong Mou and Zhang Mou, who have relatively minor criminal circumstances, and filed a public prosecution against Yuan Moujia and Yuan Mouyi for suspected environmental pollution crimes, and proposed a sentencing proposal of lighter punishment.
"This case is the first environmental and resource criminal case that the Shenzhen procuratorial organ carried out the pre litigation alternative remediation work and was successfully sentenced since the implementation of the" two high "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution." Huang Ruiyi, Deputy Procurator General of Longgang District Procuratorate, said that after the criminal suspects pleaded guilty and pleaded guilty, they were guided to actively repair the ecological environment, Let them assume the responsibility of repairing the ecological environment in the way of pre litigation alternative repair, which reflects the concept of restorative justice and provides a sample for the construction of the misdemeanor governance system of pre litigation alternative repair of environmental resource criminal cases.
