Pingxiang Intermediate People's Court of Jiangxi Province

criminal judgment

(2111) Ping Xing Yi Chu Zi No.14

Public Prosecution Organ: Pingxiang People's Procuratorate of Jiangxi Province.

Defendant: Shen Zhiming, male, born on October 1, 1956, Han nationality, native of Shangli County, Jiangxi Province, high school education, farmer, who lives in Shuiwoli Formation, Shiling Village, Dongyuan Township, Shangli County. On March 4, 2111, he was criminally detained on suspicion of committing a serious accident, and was arrested on March 7, 2111 on suspicion of committing a dangerous goods accident. He is now in Pingxiang No.1 Detention Center.

Defenders: Zhang Jianhua and Zhu Shuiqing, lawyers of the Second Law Firm of Yichun City, Jiangxi Province.

Defendant: Zeng Xiaofang, female, born on February 3, 1974, Han nationality, native of Shangli County, Jiangxi Province, junior high school education, farmer, who lives in Zengjiali Group, Shiyuan Village, Dongyuan Township, Shangli County. He was arrested on March 29, 2111 on suspicion of committing a dangerous goods accident. He is now in Pingxiang No.1 Detention Center.

Defender: Yang Zhihui, lawyer of Pingxiang Law Firm, Jiangxi Province.

Defendant: Huang Wei, male, born on October 4th, 1965, Han nationality, native of Shangli County, Jiangxi Province, high school education, farmer, who lives in Heliantang Formation, Shiyuan Village, Dongyuan Township, Shangli County. On March 6, 2111, he was criminally detained on suspicion of committing a serious accident, and was arrested on March 7, 2111 on suspicion of committing a dangerous goods accident. He is now in Pingxiang No.1 Detention Center.

Defenders: Xu Zhenwu and Xie Ning, lawyers of Jiangxi Zhenwu Law Firm.

Defendant: He Jinyi, male, born on February 21th, 1956, Han nationality, native of Zhangzhou City, Fujian Province, primary school culture, individual industrial and commercial households, living in Hongxia Village, Guanren Town, Zhangpu County, Zhangzhou City. He was criminally detained on March 6, 2111 on suspicion of harboring, and was arrested on March 26, 2111. He is now in Pingxiang No.1 Detention Center.

defender: he tengyun, lawyer of Jiangxi law firm.

Defendant: Peng Li, female, born on February 22nd, 1967, Han nationality, native of Shangli County, Jiangxi Province, junior high school education, farmer, who lives in Heliantang Formation, Shiyuan Village, Dongyuan Township, Shangli County. He was criminally detained on March 5, 2111 on suspicion of harboring crimes, and was arrested on March 21, 2111 on suspicion of causing accidents with dangerous goods. He is now in Pingxiang No.1 Detention Center.

Defenders: Wu Pengyuan and Wu Zhonghua, lawyers of Jiangxi Huachang Law Firm.

Defendant: Huang Zhi, male, born on February 9, 1972, Han nationality, native of Shangli County, Jiangxi Province, junior high school education, farmer, who lives in Heliantang Formation, Shiyuan Village, Dongyuan Township, Shangli County. He was criminally detained on March 5, 2111 on suspicion of harboring stolen goods, and was arrested on March 6, 2111. He is now in Pingxiang No.1 Detention Center.

Defender: Pan Hongquan, lawyer of Jiangxi Zhenwu Law Firm.

People's Procuratorate of Pingxiang City, Jiangxi Province accused defendants Shen Zhiming, Huang Wei and Peng Li of illegally manufacturing explosives with indictment No.14 of Ping Jian Criminal Procedure (2111). Defendant Peng Li committed the crime of sheltering, defendant Zeng Xiaofang committed the crime of causing accidents with dangerous goods, defendant He Jinyi committed the crime of harboring, and defendant Huang Zhi committed the crime of sheltering. On May 25, 2111, they filed a public prosecution with our court. Our court formed a collegial panel according to law and heard the case in public. Pingxiang Municipal People's Procuratorate appointed prosecutors Han Jinping, Yu Huaming, Deng Zhongyan and attorney Zhou Yong to appear in court to support the public prosecution. Defendants Shen Zhiming, Huang Wei, Peng Li, Zeng Xiaofang, Huang Zhi, He Jinyi and their defenders Zhang Jianhua, Zhu Shuiqing, Xu Zhenwu, Xie Ning, Wu Pengyuan, Wu Zhonghua, Yang Zhihui, Pan Hongquan and He Tengyun attended the proceedings. The trial is now over.

The public prosecution agency alleges that the Shiling Firecracker Factory in Dongyuan Township was privately owned by the defendants Shen Zhiming and Shen Shenglin (who died in the accident) in 1995, and it was put into operation until March 11, 2111 without handling the Permit for Safe Production of Explosives, the Permit for Safe Formulation of Explosives and the Permit for Sale of Explosives. On September 22, 1998, the relevant departments of Shangli County issued a notice of rectification of hidden dangers, requiring the factory to stop production. In late February, 2111, the defendants Shen Zhiming and Huang Wei verbally negotiated an agreement with Fujian Nan 'an Native Produce Company to purchase and sell firecrackers of 21×4.4CM, 18×3.9CM and 12×3CM models of a car. After the two defendants booked this business, they immediately went back to Pingxiang to ask Shen Shenglin to try out the samples. On March 1, the defendant Huang Wei provided 1 tons of potassium chlorate to Shiling Firecracker Factory to make big firecrackers. On March 2, Shen Shenglin handed over six samples of big firecrackers to the defendant Huang Wei, asking him to take them to Fujian to see if he could still find a buyer. On March 4th, Defendants Shen Zhiming and Peng Li went to Dayao Town, Liuyang City, Hunan Province to buy 3 tons of paper for making big firecrackers with the cash of RMB 1,111 yuan provided by Defendant Huang Wei, and then started mass production of big firecrackers. After the defendant Huang Wei arrived in Fujian, he made an oral agreement with Xu Kun, a native product company in Jinjiang City, Fujian Province, to purchase and sell firecrackers, with the model and quantity of 51 pieces of 25×5CM, 41 pieces of 21×4.4CM, 21 pieces of 15×3.9CM and 11 pieces of 12×13CM, and agreed to deliver the goods before Tomb-Sweeping Day. Defendant Huang Wei immediately called Shen Shenglin to tell him about ordering with Xu Kun, and then called defendant Peng Li to ask her to inform Shen Shenglin to speed up production. The defendant Peng Li informed Shen Shenglin of the contents of the phone call. On March 6th, the defendant Shen Zhiming took several samples of big firecrackers to Fujian. In order to catch up with the time, Shen Shenglin promised to pay the processing fee in cash to the villagers who came to process it. On the morning of March 11, 86 people came to work in Shiling Firecracker Factory. Because it was raining at that time, the defendant Zeng Xiaofang was afraid that the semi-finished firecrackers would get wet by the rain, and agreed that the people who should have taken the materials home for processing would process them in a crowded factory, and also distributed the semi-finished products to the students who worked. At about 9: 31am on March 11, the distributor Li Hua (who died in the accident) violated the operation regulations when dispensing medicine, which caused friction and fire, and then exploded in four places, including the hall where big firecrackers and red firecrackers were stored, resulting in the collapse of the brick-and-tile factory building, resulting in 33 deaths, 3 serious injuries, 8 minor injuries and 2 minor injuries. The charge of each large firecracker extracted by on-site inspection is 12.64g, of which the content of potassium chlorate accounts for 46.2%, which violates the stipulation in the Safety and Quality of Fireworks and Firecrackers of the People's Republic of China that it is forbidden to use chlorate as a detonating agent when the single charge of firecracker products is more than 1.15g.. Defendants Shen Zhiming, Huang Wei and Peng Li organized and participated in the production of large firecrackers, the charge of which was 251.8 times higher than that stipulated by the state.

In view of the facts of the above allegations, the public prosecution agency presented and read out the rectification notice of the relevant departments of Shangli County to Shiling Firecracker Factory. The Safety and Quality of Fireworks and Firecrackers in the National Standard of the People's Republic of China stipulates that it is forbidden to use chlorate as a detonating agent when the single charge of firecrackers is more than 1.15g. The inspection report of the Fireworks and Firecrackers Quality Supervision, Inspection and Testing Center of the Ministry of Agriculture on the large firecrackers extracted from the explosion site, The public security organ entrusts the relevant personnel to confirm the cause of the explosion of the "3 11" accident, the record of on-site investigation, and the photos of the scene. The forensic experts of the public security organ have concluded the casualties of the explosion, and the witnesses are Huang Chun Ba Huang Xiaochun, Xu Kun, Huang Yaoyou, Shen Dongyun, Zeng Xiuwen, Li Zhiqing, Li Yun, Peng Xiaohong, Shen Xilin, Shen Yonglin, Shen Lunyou, Chen Shaozhen, Xie Hongmei and Zhou. The public prosecution agency believes that the actions of the defendants Shen Zhiming, Huang Wei and Peng Li violated the first paragraph of Article 125 of the Criminal Law of the People's Republic of China and committed the crime of illegally manufacturing explosives, while the actions of the defendant Zeng Xiaofang violated the provisions of Article 136 of the Criminal Law of the People's Republic of China and committed the crime of causing accidents with dangerous goods.

In response to the accusation of the public prosecution agency, the defendant Shen Zhiming and his defenders argued that the Shiling Firecracker Factory was not illegally produced, but produced with a license, and the defendant Shen Zhiming did not constitute the crime of illegally manufacturing explosives, but only constituted the crime of causing trouble with dangerous goods. Defendant Shen Zhiming pleaded guilty and asked for a lighter punishment. His defender provided evidence such as the Safety Production License for Explosives, the Enterprise Registration Certificate of Shiling Firecracker Factory and the Quality Inspection Certificate of Fireworks and Firecrackers in court. Defendants Huang Wei and Peng Li and their defenders argued that the defendants Huang Wei and Peng Li did not participate in the production of big firecrackers in Shiling Firecracker Factory, and the defendant Huang Wei did not provide 11,111 yuan of funds and 1 tons of potassium chlorate for the production of big firecrackers in Shiling Firecracker Factory. They bought and sold firecrackers from Shiling Firecracker Factory, and their behavior did not constitute the crime of illegally manufacturing explosives. Defendant Zeng Xiaofang and his defender argued that Zeng Xiaofang was only 1 ordinary workers in Shiling Firecracker Factory, not a member of the factory's leading group for safety production, and his behavior did not constitute the crime of causing accidents by dangerous goods.

It was found through trial that the Shiling Firecracker Factory in Dongyuan Township was opened in March, 1986, and it belongs to an enterprise run by every village in Shiling. In July, 1989, the Safety Production License for Explosives was handled in Shangli Public Security Bureau. In October, 1991, he handled the Business License in Shangli Branch of Pingxiang Administration for Industry and Commerce, and the legal representative was the defendant Shen Zhiming. After 1995, the defendant Shen Zhiming and Shen Shenglin jointly contracted to operate the factory. They arranged the factory's soda room, processing room, finished firecrackers, semi-finished products and raw materials storage room in different rooms in the same house. In February, 1998, Shangli County Public Security Bureau asked all firecracker factories in the county to replace the Safety Production License for Explosives, but Shiling Firecracker Factory did not renew it. Shangli County Public Security Bureau has not revoked its original Safety Production License for Explosives, and its Business License has not been revoked by the administrative department for industry and commerce. Shiling Firecracker Factory paid management fees to local public security, industry and commerce departments, and also paid taxes and fees to the

department of taxation. In October, 1998, Shangli County Bureau of Township Enterprises issued the Enterprise Registration Certificate to Shiling Firecracker Factory. On September 22, 1998, Shangli County Township Enterprise Bureau, Fire Brigade, Public Security Bureau and Administration for Industry and Commerce inspected Shiling Firecracker Factory and found that there were problems such as large inventory, concentrated personnel and too close danger room, and asked the factory to stop production for rectification, but the factory did not stop production for effective rectification. Defendants Huang Wei and Peng Li are engaged in the sales business of individual firecrackers. Since 1995, they have sold firecrackers produced by Shiling Firecracker Factory many times. In late February, 2111, Defendants Huang Wei and Shen Zhiming went to Nan 'an City, Fujian Province to collect accounts and contact business. Huang Xiaochun, a salesman of the company, mentioned to the two defendants whether to produce "multicolored guns". After consultation, the two defendants reached an oral agreement with Huang Chun Ba, the manager of the company, and Huang Xiaochun, the salesman, to purchase and sell "multicolored guns" with specifications of 21×4.4CM, 15×3.9CM and 12×3CM respectively. After the two defendants returned to Pingxiang, the defendant Shen Zhiming asked Shen Shenglin for trial production. On March 2, Shen Shenglin handed over six samples of "multicolored guns" to the defendant Huang Wei and asked him to take them to Fujian to contact other buyers. On March 4th, the defendants Shen Zhiming and Shen Shenglin went to Dayao Town, Liuyang City, Hunan Province to buy paper for making "multicolored cannons", and the defendant Peng Li went with them because of other commitments. After the defendant Huang Wei arrived in Fujian, he made an oral agreement with Xu Kun of Jinjiang Local Products Company in Fujian Province to purchase and sell a batch of "multicolored guns", the specifications and quantities of which were: 41 pieces of 21×4.4CM, 21 pieces of 15×3.9CM, 11 pieces of 12×3CM and 41 pieces of 25×5CM. On the day of reaching an agreement, the defendant Huang Wei informed Shen Shenglin by phone. At the same time, Shen Shenglin is responsible for mass production in Shiling Firecracker Factory. After the defendant Huang Wei telephoned the defendant Peng Li and asked her to tell Shen Shenglin to step up production, the defendant Peng Li telephoned Shen Shenglin. Defendant Zeng Xiaofang is the receiver and dispatcher of Shiling Firecracker Factory and a member of the leading group for safety production.

On the morning of March 11, under the condition that Shen Shenglin promised to pay the processing fee in cash, 86 people came to work in Shiling Firecracker Factory. At that time, there were more than 111 bags of "colorful firecrackers" finished products, "Dadihong" firecrackers, other semi-finished firecrackers and some raw materials piled up in the factory. Because of the rain, Shen Shenglin agreed that the people who came to work would process in the crowded factory building. The defendant Zeng Xiaofang was present and did not raise any objection, and gave the semi-finished firecrackers to the people who came to work. At about 9: 31 in the morning, Li Hua, a pharmacist, violated the national safety standards and the operating rules when mixing nitrate, which caused an explosion by friction and fire, and then detonated four explosions in the hall where "multicolored guns" and "earth red" firecrackers were stored, resulting in the collapse of the brick-and-tile factory building, resulting in the death of 33 people including Huang Ting, Shen Hong, Zhang Ping, Shen Shenglin and Li Hua, and three people including Shen Fuqiang, Luo Qinghua and Zhang Genying. The inspection conclusion of the "multicolored cannon" with the model of 19.3×4.5CM extracted by the Fireworks and Firecrackers Quality Supervision, Inspection and Testing Center of the Ministry of Agriculture is that the single drug content is 12.64 grams, of which the potassium chlorate content is 42.9% and the friction sensitivity is 111%. The single charge exceeds the national standard by 251.8 times.

The above facts are confirmed by the following evidences that have been proved and cross-examined in court: In July, 1989, Shangli Public Security Bureau issued the Safety Production License for Explosives to Shiling Firecracker Factory. In October, 1991, Pingxiang Administration for Industry and Commerce issued the Business License and industrial and commercial registration materials to Shiling Firecracker Factory. In October, 1988, Shangli Township Enterprise Bureau awarded the Enterprise Registration Certificate to Shiling Firecracker Factory. On September 22, 1998, Shangli County Township Enterprise Bureau, Fire Brigade, Public Security Bureau and Administration for Industry and Commerce notified Shiling Firecracker Factory to stop production and rectify. According to the National Standard for Safety and Quality of Fireworks and Firecrackers of the People's Republic of China, it is forbidden to use chlorate as a detonating agent when the single charge of firecrackers is more than 1.15g, and the friction sensitivity is less than or equal to 61%. The quality supervision, inspection and testing center of fireworks and firecrackers of the Ministry of Agriculture concluded in the inspection report of large firecrackers ("multicolored firecrackers") extracted from the explosion site that the drug content of large firecrackers with specifications of 193×45MM was 12.64 g and the friction sensitivity was 111%, which did not meet the standard requirements. The public security organ entrusted relevant personnel to confirm the cause of the "3 11" explosion, and concluded that the explosion was caused by Li Hua's violation of operating rules and friction and fire. Witnesses Huang Chun Ba, Huang Xiaochun and Xu Kun confirmed that defendants Shen Zhiming and Huang Wei verbally agreed with them on the business of "multicolored guns". Witness Shen Dongyun confirmed that the factory building structure of Shiling Firecracker Factory was unreasonable. Witness Shen Yonglin confirmed that when the explosion occurred, there were many semi-finished and finished firecrackers and some raw materials in the workshop hall of Shiling Firecracker Factory, and many people were working. Witnesses Peng Xiaohong and Chen Shaozhen confirmed the circumstances of the explosion at that time. Witnesses Xie Hongmei and Zhou Bing confirmed that Shen Shenglin agreed to process firecrackers in the factory, and the defendant Zeng Xiaofang sent semi-finished products to workers for processing. Witness Li Yun confirmed that the defendant Zeng Xiaofang was among the members of the safety production leading group of Shiling Firecracker Factory. Li Pingzhong, a witness, confirmed that before the explosion, the defendant Zeng Xiaofang sent semi-finished firecrackers to workers for processing in the factory. Zeng Xiaofang's name is included in the "members of the leading group for safety production" in the on-site photo taken by the public security organ. Record of on-site investigation, on-site photographic photos, extraction of the explosion scene confirmed by the record, extraction of large firecrackers and unreasonable layout of the factory building, and stacking of finished products, semi-finished products and raw materials. Appraisal conclusion made by forensic doctors of public security organs on the situation of casualties.