Delivering dangerous substances. This crime is a dangerous crime, as long as the perpetrator of the actual person to implement the intentional release of poisonous, radioactive, infectious agents and other substances, and enough to threaten the personal and property safety of the unspecified majority of the people, not required to cause serious consequences, constitutes a crime, should be filed and prosecuted.

Delivering hazardous substances without causing serious consequences is punishable by imprisonment for not less than three years and not more than ten years. If it causes serious injury or death or causes major damage to public or private property, it shall be sentenced to more than ten years' fixed-term imprisonment, life imprisonment or the death penalty.

According to Article 114 of the Criminal Law

one of the crimes of arson, drowning, explosion, placing dangerous substances, endangering the safety of the public **** by dangerous means is to set fire, drowning, explosion, and placing poisonous, radioactive, infectious pathogens and other substances, or endangering the safety of the public **** by other dangerous methods, and has not yet caused serious consequences, shall be sentenced to imprisonment of not less than three years and not more than ten years. imprisonment for not less than three years and not more than ten years.

Article 115 If a person who commits the crimes of arson, drowning, explosion, release of dangerous substances, or endangering the safety of the public **** by dangerous means bis arson, drowning, explosion, as well as release of poisonous, radioactive or infectious disease pathogens, or causes serious injury or death to a person, or inflicts substantial damage to public or private property by other dangerous means, he or she shall be sentenced to not less than ten years' fixed-term imprisonment, life imprisonment, or the death penalty.

If a person commits the preceding paragraph by negligence, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Expanded Information

Case: Hu Wenbiao and Ding Yuesheng Discharging Dangerous Substances

Yancheng City Biaoxin Chemical Co. (hereinafter referred to as "Biaoxin Chemical Company") is the environmental protection department of the "wastewater is not discharged" enterprises. Defendant Hu Wenbiao, the legal representative of Biaoxin Chemical Company, was sentenced by Yancheng Yandu District People's Court of Yancheng City on June 27, 2005, to two years' imprisonment and three years' probation for the crime of falsely issuing VAT invoices.

Ding Yue Sheng, the defendant, is the production manager of Biao Xin Chemical Co. During the period from the end of November 2007 to February 16, 2009, the defendants, Hu Wenbiao and Ding Yue Sheng, were aware that the wastewater produced in the course of the company's production contained benzene and phenol, which are toxic substances.

Still a large amount of wastewater discharged to the company's north side of the five branches of the river, allowing it to flow through the Python River contamination of Yancheng City District, west of the city, Yuehe water plant intake, the city of Yancheng District, more than 200,000 residents of the drinking water suspension of up to 66 hours and 40 minutes, resulting in a direct economic loss of RMB 5,432,100 yuan.

Yancheng Yandu District People's Court of the first instance, Yancheng Intermediate People's Court of the second instance ruled that: Hu Wenbiao, Ding Yuesheng know that their company in the production process of waste water contains toxic substances, still directly or indirectly to the company's surrounding river discharge in large quantities, letting the danger to the lives of the unspecified majority of the people, health and safety of private and public property results in the occurrence of.

To make public and private property suffered major losses, constituting the crime of releasing dangerous substances, and is *** with the crime. Hu Wenbiao in the *** with the crime played a major role, is the main offender; Ding Yue Sheng in the *** with the crime played a minor role, is an accessory. Hu Wenbiao committed a new crime within the probation period, and his probation should be revoked and he should be punished for the same crime.

Accordingly, the defendant Hu Wenbiao's probation is revoked; the defendant Hu Wenbiao committed the crime of releasing dangerous substances, sentenced to ten years of imprisonment, and the sentence imposed for his previous crime is combined with the penalty, and it is decided to carry out eleven years of imprisonment; the defendant Ding Yuesheng committed the crime of releasing dangerous substances and was sentenced to six years of imprisonment.

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