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Chaohu City People’s Court of Anhui
(2016) Anhui No. 0181, No. 60
Chaohu Municipal People’s procuratorate.
Defendant Zhang, male, born in September 26, 1986. Suspicion of committing the crime of major accidents, in July 29, 2015 by the Chaohu Municipal Public Security Bureau of criminal detention, the same year in August 3rd by the Chaohu Municipal Public Security Bureau decided to bail, the same year in November 3rd by the Chaohu Municipal People’s Procuratorate decided to bail. February 5, 2016 was decided to bail the hospital.
Defendant Wang Mou, male, born in October 27, 1968. Suspicion of committing the crime of major accidents, in July 29, 2015 by the Chaohu Municipal Public Security Bureau of criminal detention, the same year in August 3rd by the Chaohu Municipal Public Security Bureau decided to bail, the same year in November 3rd by the Chaohu Municipal People’s Procuratorate decided to bail. February 5, 2016 was decided to bail the hospital.
Chaohu City People’s Procuratorate to the court of criminal prosecution (2016) No. 59 indictment accused the defendant Zhang, Wang guilty of major accidents, in, the court of appeal to the court on February 2016. Upon acceptance of the court, a collegial panel shall be formed in accordance with the law. Chaohu City People’s Procuratorate appointed prosecutor Zhou Xiuyang to appear in court to support the prosecution, the defendant Zhang, Wang Yi to appear in court proceedings. The case is now the end of the trial.
Chaohu Municipal People’s Procuratorate charged: in January 2014, when the Chaohu Sanhe Construction Engineering Company Limited (hereinafter referred to as the Sanhe company) the legal representative Zhang Wang knows the defendant without construction relevant qualifications, the appointment as Sanhe company construction site foreman, responsible for Chaohu city sewage pipeline maintenance, maintenance engineering management department. In the daily maintenance of network construction, the defendant Wang Zhang knowing violation of safety regulations, the construction of the agreement was not signed in accordance with the Sanhe company safety production system and Sanhe company and Chaohu city sewage management office for construction safety, safety production does not fulfill the first responsibility responsibility, the defendant Zhang violation of safety regulations the behavior is not corrected. The morning of December 14, 2014, the defendant Zhang arranged without professional knowledge construction personnel in supervision personnel arrived at the scene, without any protective measures, in the vicinity of Chaohu City West Health Stadium Road on the sewer excavation, buried pipe work. O’clock in the afternoon of the same day, the construction site ditch collapse, the construction workers Lee, Zhu was buried in the soil, after the rescue invalid death.
After the incident, the defendant Zhang, Wang initiative appearing in court truthfully confessed his crime. Sanhe company has to pay the victim Lee, Zhu close relatives of 800 thousand yuan, made each other understanding.
In response to the above allegations, the public prosecutor in court to produce the appropriate evidence. Public prosecutor that the defendant Zhang, Wang Mou in the production and operation in violation of the relevant safety regulations, and the occurrence of major accidents, killing two people, their actions constitute the crime of major accidents, two the defendant has voluntarily surrendered themselves, to the hospital in accordance with the People’s Republic of China criminal law article 134th, article sixty-seventh of the provisions of the first paragraph convicted and punished.
Defendant Zhang, Wang accused the prosecution of facts and charges are not contradictory.
After hearing that: in January 2014, the legal representative of the Chaohu City Sanhe Construction Engineering Co. Ltd. the Zhang Wangmou knowing that the defendant no construction relevant qualifications, the appointment as Sanhe company construction site foreman, Chaohu city management office responsible for sewage pipeline maintenance, maintenance engineering. In the daily maintenance of network construction, the defendant Wang Zhang knowing violation of safety regulations, the construction of the agreement was not signed in accordance with the Sanhe company safety production system and Sanhe company and Chaohu city sewage management office for construction safety, safety production does not fulfill the first responsibility responsibility, the defendant Zhang violation of safety regulations the behavior is not corrected. The morning of December 14, 2014, the defendant Zhang arranged without professional knowledge construction personnel in supervision personnel arrived at the scene, without any protective measures, in the vicinity of Chaohu City West Health Stadium Road on the sewer excavation, buried pipe work. O’clock in the afternoon of the same day, the construction site ditch collapse, the construction workers Lee, Zhu was buried in the soil, after the rescue invalid death. In December 15, 2015, Sanhe company and the victim Lee, Zhu close relatives to reach a compensation agreement, by the Sanhe company were paid the victim Lee, Zhu close relatives of 800 thousand yuan, the two defendants made each other understanding.
July 29, 2015, the defendant Zhang, Wang took the initiative to surrender to the Chaohu Municipal Public Security Bureau, truthfully confessed his crimes.
The facts mentioned above shall be confirmed by the public prosecution organ, and the following evidences shall be verified by the court for evidence, cross examination and certification:
1, the registration form by the case, filing a written decision, confirmed that the administration of production safety in Chaohu city in July 7, 2015 to December 14, 2014 reported that the Sanhe company collapsed during construction, resulting in two deaths, the site responsible person and legal representative Zhang Wangmou suspicion of serious accidents, July 9, 2015, the Chaohu Municipal Public Security Bureau of investigation.
2, after appearing in court, confirmed on July 29, 2015, the defendant Zhang Wang surrendered the initiative to Chaohu municipal public security bureau.
3, the household registration certificate, the record of the case to prove that the defendant Zhang, Wang’s age, home address, etc., the two defendants have full criminal responsibility, no criminal record.
4, Chaohu city housing and Urban Construction Bureau confirmed that the April 10, 2014 meeting minutes, Chaohu city housing and Urban Construction Bureau held the 2014 annual city maintenance odd project coordination meeting, decided the 2014 budget for sporadic maintenance can not fulfill the bidding process including sewage pipe network project at the meeting, according to the current actual situation of maintenance, agreed by the the construction unit shall direct the implementation, but the data to improve the repair before filing, supervision log and field image recording etc..
5, certificate of legal institutions, organization code certificate, confirmed that Chaohu city sewage treatment management office of Chaohu City Department of housing and urban construction bureau subordinate units, legal institutions, planning, construction and management for Chaohu city and Suburban Sewage Disposal facilities.
Safety production license 6, business license, organization code certificate, the construction enterprise qualification certificate, confirmed the nature of the enterprise, Sanhe company, the company operates in the range of one point five meters in diameter within the sewage pipeline construction, the company has the qualification of three municipal public works construction contract.
7, the agreement, confirmed that the April 28, 2014 Chaohu city sewage treatment management office as Party A and Party B as Sanhe company signed an agreement on behalf of zhang. Agreement, from January 1, 2014 to December 31, 2014, Party B is responsible for the maintenance of the 2014 annual financial budget arrangement is unable to perform the sporadic maintenance project bidding procedures, including city has built about 185 km of sewage pipe network and ancillary facilities. One of the rights and obligations of Party B according to the characteristics of maintenance work, to strengthen the daily safety production education practitioners, safety protection equipment required, good maintenance and maintenance of safety protection work.
8, Chaohu city sewage treatment related documents and materials safety management department, Sanhe company, confirmed that the rules and regulations of safe production of sewage treatment in Chaohu city management office and Sanhe company established, the Sanhe company of the legal representative and leader of production safety responsibility are made clear.
9, labor contract, safety education and training records, confirmed that the defendant Zhang Department of Sanhe company employees, including the 2014 Sanhe company of Zhang, workers are doing safety education and training.
10, the Chaohu Municipal People’s Government (2015) nest secret government document No. 208 and Chaohu City Safety Supervision Bureau Chaohu Sanhe Construction Engineering Co. Ltd. 12.14 survey report collapse accident, confirmed that the December 14, 2014 Chaohu city sewage treatment plant in the west health cleaning sewage pipe network pipeline occurs when the collapse accident, resulting in two deaths. After the accident, by the Chaohu municipal Safety Supervision Bureau led the establishment of the unit by the Municipal Supervision Bureau, Public Security Bureau, housing construction bureau, trade unions, procuratorate to the accident investigation team to participate in the accident investigation team found 12.14 collapse is due to the violation of operating rules, in violation of regulations, safety education, safety supervision in place leading to production safety accidents, the defendant Zhang of the accident under the direct responsibility of leadership responsibility, the defendant Wang of the accident.
11, the death certificate and the aftermath of the agreement in December 14, 2014, confirmed that Lee, Zhu in the construction of the victims, in December 15th of the same year Sanhe company to pay Lee and Zhu close relatives of 800 thousand yuan, made each other understanding.
(two) the records and photographs of the scene investigation, confirmed that the collapse scene is located in Anhui City, Chaohu stadium opposite the roadside and the basic situation of the accident scene.
(three) witness testimony
1, the testimony of witnesses Moumou, confirmed its December 14, 2014 open excavator and sewage pipes in the Binhu King City site, about 2 pm the same day, after the end of the project there are two workers clean up the pipeline interface, clean up ten minutes after the pipeline soil landslides, two workers were buried after soil layer, the scene of rescue, two Bachu workers were sent to hospital for treatment.
2, Huang witness testimony, confirmed on December 14, 2014 at noon the Zhang asked across Chaohu Stadium Road of sewage pipe network construction and maintenance, around 14 PM, Zhu in the trench to clean up the soil, Lee in the distance to the soil trench will turn over, after the collapse of the voice heard, Zhu and Li Moudou were buried in the in two was the scene of the rescue workers rushed to hospital for treatment. The presence of construction workers do not have the qualifications of construction, there is no training, the project site is responsible for zhang.
3, Zhang Moumou witness testimony, confirmed the father Zhang, in December 14, 2014 in the city of Chaohu stadium across the street to a sewage pipe repair construction, construction personnel is a temporary call to bricklayers and unskilled laborer, have qualification training, on-site responsible by zhang. The digging machine construction site in the ditch after trenching, sand, and then the pipes are buried into the ditch. When the accident occurred, he heard Lee said the pipes in the water, after which he heard a bang, which saw Zhu and Lee fell into the ditch, after the construction of the site of the two people were rescued.
4, Huang Moumou witness testimony, confirmed the accident about 14 in the afternoon, in the opposite west health stadium sidewalk buried sewage pipe, the excavator on the sidewalk and dug a 2-3 meters deep and 1 meters wide foundation, its standing on a ladder handed to the brick and mortar people. After a while it heard someone shout collapse, Lee and Zhu soil was buried, two people were pulled out after 120 away, the two person in charge of cleaning the ground with back of the excavator, the sewage pipe down from above, the sewage pipe head pick up.
5, 1 Zhang witness testimony, confirmed by the December 14, 2014 Zhang arranged to opposite the Chaohu Municipal Stadium site for sewage pipeline maintenance construction site, on the afternoon of trenches dug, there are two construction workers on the connecting pipe, the pipe is installed Water Leakage, made after the collapse of the accident, two people were buried in the soil. Construction site is responsible for Zhang, the site did not install security facilities, construction personnel without qualification, nor has been a safety training.
6, Zhu Moumou witness testimony, confirmed that the Department of Zhu’s daughter, in December 14, 2014 by the arrangement to the construction site opposite brother Zhang Chaohu City stadium, 14 pm the same day, the people heard someone shout down, the discovery site trench caved in, his father and Lee was buried in the soil. Site construction workers are temporarily called to work, there is no construction qualification has not been safety training. The construction site is responsible for Zhang, the construction of the trench is not set row piles.
7, Chen’s witness testimony, confirmed by the December 14, 2014, Zhang transferred to the Chaohu stadium across the construction of sewage treatment project site, 14 pm the same day, the people heard shouting after the collapse of the earth, the presence of people will be buried in the Li, old dug up, these two people are buried the water at the site of the ditch was buried in the soil.
8, the testimony of a witness Dong, confirmed the Sanhe company vice president and project manager, Sanhe company safety production department Wangmou management, project manager assistant. The December 14, 2014 Sanhe company collapsed in the city of Chaohu stadium construction, is a sewage treatment plant to notify the Mei Xiaomin phone, the phone to the scene, two construction workers buried have been rushed to hospital for treatment in the field, call the Wang mou.
9, the testimony of a witness Ni, confirmed the Sanhe company security department chief, responsible for company safety production by Wang, followed by the project manager, chief security officer, security. Sanhe company monthly safety training time, Zhang always in. Company to the construction site, the project manager, security officers, inspectors, technicians and construction workers have arrived at the scene, small repair site security chief of the scene, is also not the five members. The construction project of Chaohu city in December 14, 2014 the gymnasium is a small repair, Big Five basic to the repair is Zhang in the scene.
(four) the defendant’s confession and excuse
1, the defendant Zhang’s confession, confirmed its 2013 2, March to enter the Sanhe company, responsible for the small Chaohu city sewage pipe network maintenance, it does not have the network maintenance engineering construction qualification. The afternoon of December 13, 2014, the Chaohu municipal sewage management office received station network telephone to Jianshu Ni, and healthy road repair site, the next day in the field of Ni Jianshu to repair the night looking for a temporary 7 construction workers, including his father, Uncle Li zhu. 14 on the morning of more than 6 points to start the construction, to more than the beginning of laying pipelines, laying the personnel, including Zhu, Lee, including the four or five people, including 11. More than 1 in the afternoon, the overall collapse of the pipeline leakage, Zhu, Lee, who buried the two. Therefore, the project is a small project, so there is no construction plan and construction drawings. The analysis of the cause of the accident is the soil construction site belongs to the three or four type of soil, such as soil dug 1.5 meters should be playing piles to prevent collapse, because the construction cost playing piles has far exceeded the cost estimate of the station network, can only hope not collapse in the construction of the situation. After the accident the Sanhe company for each of the deceased for compensation of 800 thousand yuan.
2, the defendant Wang’s confession, confirmed the Sanhe company legal representative, business scope including sewage pipeline maintenance, road maintenance, the actual company responsible for safety production management. Zhang is the Sanhe company employees, the 12.14 health Road sewage pipe network project of Chaohu city sewage management office is directly linked to Zhang maintenance, which is to know the project after the accident, Zhang is the person in charge of site engineering. The relevant qualifications, Zhang did not know, the daily need for the construction project manager, security officers, inspectors, technicians and construction staff arrived at the scene, but the emergency repair works, by the Chaohu municipal sewage management office directly and repair of the contact person. 12.14 Health West Road sewage pipe network project is a temporary small repair project, because the total cost of the project is relatively low, so there is no installation of protective piles. Sanhe company within two days after the accident of each of the deceased for compensation of 800 thousand yuan.
The court held that the defendant Zhang, Wang Mou in the production and operation process in violation of the relevant security regulations, and the occurrence of major accidents, killing two people, their behavior has violated the criminal law of People’s Republic of China 134th the provisions of the first paragraph, constitute a major accident, should be sentenced. Public prosecutor accused of crimes, to be supported. Defendant Zhang, Wang voluntarily surrendered after the incident, and truthfully confessed his crime, the Department of surrender, according to the law may be given a lighter punishment. In view of the two defendants voluntarily pleaded guilty and made the victim’s understanding, may be given a lighter punishment. According to the circumstances of the two defendants and the performance of repentance, the defendant may apply for a probation of two. Accordingly, in accordance with the criminal law of People’s Republic of China, the first paragraph of article sixty-seventh, the first paragraph of article 134th, the first paragraph of article seventy-second, the seventy-third paragraph of article second, the provisions of paragraph:
First, the defendant Zhang guilty of major accidents, sentenced to one year and six months, suspended in one year and six months.
The probation period shall be calculated from the date on which the judgment is determined
Two, the defendant Wang guilty of major accidents, sentenced to one year imprisonment, suspended for one year.
The probation period shall be calculated from the date on which the judgment is determined
Who disagrees with this decision, in the next day received the verdict within ten days by the hospital or directly to the Anhui Province, Hefei City Intermediate People’s Court of appeal, appeal in writing, shall submit a copy of the original appeal, two copies.
Chief justice Si Mingxiu
Judge Zhou Keping
Zhou Shuncheng, people’s juror
Two, February 23rd, 16