Using the strictest system and the strictest rule of law to protect the ecological environment and safeguard the environmental rights and interests of the people
CCTV News: The Supreme People's Court and the Supreme People's Procuratorate jointly released the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution on August 9th. According to the revision of the Criminal Law and in response to new issues in judicial practice, the Interpretation punishes environmental pollution crimes in accordance with the law, providing strong judicial protection for the comprehensive promotion of the construction of a beautiful China.
Reset the conviction and sentencing standards for environmental pollution crimes
The judicial interpretation released this time has made clear provisions on the conviction and sentencing standards for the crime of environmental pollution, the rules for handling acts of environmental data falsification, and the rules for balancing leniency and severity in handling criminal cases of environmental pollution.
Some environmental pollution crimes can be sentenced to seven years or more in prison
According to the revised Criminal Law, the judicial interpretation clearly stipulates that for those who discharge, dump, or dispose of radioactive waste, waste containing infectious disease pathogens, toxic substances in key protected areas such as drinking water source protection areas and core protected areas of nature reserves determined by law, causing serious damage to national key protected wildlife and plant resources or habitats and growth environments of national key protected species, they shall be sentenced to fixed-term imprisonment of not less than seven years, adhere to the strictest system and the strictest rule of law to protect the ecological environment, and promote the formation of a strong deterrent against illegal environmental pollution.
Punish data falsification in the environmental field in accordance with the law
Regarding the act of falsifying environmental data, judicial interpretations clearly state that personnel of intermediary organizations responsible for environmental impact assessment, environmental monitoring, greenhouse gas emission inspection and testing, emission report preparation or verification, etc., shall be subject to the crime of providing false proof documents, and clear standards for conviction and sentencing shall be established. The Interpretation further improves the rules for handling the crime of damaging computer information systems in cases of damaging environmental quality monitoring systems, punishes data falsification in the environmental field in accordance with the law, promotes high-level protection of the ecological environment, and effectively safeguards the environmental rights and interests of the people.
Clarify the rules of balancing leniency and severity in handling environmental pollution cases
The judicial interpretation also clarifies the rule of balancing leniency and severity in handling criminal cases of environmental pollution. On the one hand, the "Interpretation" connects relevant environmental protection laws and regulations, and clarifies the illegal discharge of pollutants by units that implement key management of pollutant discharge permits without obtaining pollutant discharge permits as a situation of severe punishment, achieving the principle of strict punishment when necessary. On the other hand, it is clear that leniency can be applied when necessary based on factors such as confession and punishment, restoration of the ecological environment, and effective compliance rectification, reflecting the concept of restorative justice, achieving leniency when necessary, and ensuring good results in case handling.
Fully demonstrate a firm stance on severely punishing environmental pollution crimes
Analysis points out that this is the fourth time since the implementation of the Criminal Law in 1997 that the highest judicial authority has issued a special judicial interpretation on environmental pollution crimes, fully reflecting the firm stance of the "two highs" in punishing environmental pollution crimes in accordance with the law and helping to promote ecological civilization construction.