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2023-08-09
On December 15th, the Supreme Court released typical cases of crimes against production safety
catalogue
1. Major liability accidents involving Yinhua IV, Yinhua II, Lu Ming, Zhang Elementary School, Kong Weineng, and Feng Zhenghua
2. Major labor safety accidents, illegal mining, and unit bribery cases involving Liu Weiping, Liu Shengjie, and Chu Xiangkui
3. Illegal storage of explosives by Luxian Taozigou Coal Industry Company, Luo Jian, Li Zhenyuan, Hu Deyou, and Xu Yingcheng, as well as major liability accidents by Luo Jian, Li Zhenyuan, Hu Deyou, Xu Yingcheng, Xie Shengliang, Jiang Dalun, Chen Tiancai, Yang Wanping, Lu Dequan, Zhang Changyong, Chen Yuanhua, and Zhou Ming
Case 1
The "3.12" Major Gas Explosion Accident in Jinyin Coal Mine, Panxian County, Guizhou Province
Major Liability Accident Case of Yinhua IV, Yinhua II, Lu Ming, Zhang Elementary School, Kong Weineng, and Feng Zhenghua
(1) Basic facts of the case
The defendant, Yin Huasi, male, Han nationality, was born on June 11, 1971 and is an investor in the gold and silver coal mine in Panxian County, Guizhou Province.
The defendant, Yin Hua'er, male, Han nationality, was born on December 18, 1965 and is an investor in Panxian Gold and Silver Coal Mine.
Defendant Lu Ming, male, Han nationality, born on August 25, 1971, is a contractor of Panxian Gold and Silver Coal Mine.
The defendant Zhang Elementary School, male, Han nationality, was born on November 18, 1975 and is the contractor of the Panxian Gold and Silver Coal Mine.
The defendant Kong Weineng, male, Han nationality, was born on July 2, 1973 and serves as the safety manager of Panxian Gold and Silver Mine.
The defendant, Feng Zhenghua, male, Han nationality, born on February 1, 1964, is a technician at Panxian Gold and Silver Mine.
In 1999, the defendants, the fourth and second brothers of Yinhua, and Yinlubao (to be dealt with separately) jointly invested in the establishment of a gold and silver coal mine. Due to the location of the gold and silver mine in the national planned Songhe mining area, the Guizhou Provincial Government announced in the Guizhou Daily on April 26, 2007 the closure of the mine and the cancellation of the mining certificate. After coordination with relevant departments, Jinyin Coal Mine, Jianshan Coal Mine, and Aliusi Coal Mine were integrated into the four units of Songhe Xincheng Coal Industry for re mining, and a new company was jointly established with Songhe Company. After the integration is completed, Yinhua 4, Yinhua 2, and Yinlubao each hold one-third of the shares in the gold and silver mine. Yinhua 4 serves as the main person in charge and is responsible for the comprehensive management of the fourth unit of the re mining. Yinhua 2 is responsible for logistics management, while Yinlubao is not responsible for specific management work. In order to solve the problem of tight electricity and coal supply in the province, and considering the potential safety hazards caused by the long-term shutdown of the re mining and renovation unit, on October 22, 2007, the County Magistrate's Office Meeting of Panxian County Government decided to approve the resumption of normal production of Jinyin Coal Mine as a transitional production system for the four units of the re mining of Songhe Xincheng Coal Industry. On June 21, 2008, in order to strengthen the safety supervision of the re mining and renovation of coal mines, the Panxian County Government made a decision at a special meeting to temporarily suspend the production activities of the transition system for the re mining unit of Songhe Xincheng Coal Industry. On May 6, 2009, the Panxian County government decided to completely stop all production activities of the transition system for the re mining unit of Songhe Xincheng Coal Industry. Since 2010, governments at all levels in Guizhou Province have repeatedly issued regulations prohibiting coal mine construction and production, and cracking down on unauthorized opening and closure of production systems.
On July 21, 2008, the defendants, Yinhua 4 and Yinhua 2, were aware that the old system of Unit 4 of Songhe Xincheng Coal Industry's re mining (i.e. Jinyin Coal Mine) was a coal mine that was prohibited from production. They still contracted the mine to the defendants, Zhang Xiaoxiao and Lu Ming, for mining, and arranged for the defendants, Kong Weineng and Yin Dachun (to be dealt with separately), to manage the safety of the coal mine. They arranged for the defendant, Feng Zhenghua, to serve as a technician responsible for tunnel planning and drawing data design of the coal mine. Zhang Elementary School and Lu Ming recruited workers after contracting the coal mine, and organized workers to produce without proper safety management and corresponding safety production conditions. During this period, the local coal management department and safety supervision department repeatedly investigated and punished the gold and silver coal mine, strictly prohibiting its production. However, Zhang Xiaoxue and Lu Ming refused to implement the regulatory decision. On March 9, 2011, the Muddy Safety Supervision Station of Panxian County Safety Supervision Bureau discovered illegal production of gold and silver mines, and thus closed and sealed the mine wellhead in accordance with the law. On that day, Zhang Elementary School, Kong Weineng, Feng Zhenghua and others organized workers to unseal the mine and resume production without authorization. Due to the non-compliance of the ventilation facilities in the mine and the lack of installation of a gas drainage system, the safety monitoring and control system has been damaged and has not been reinstalled, resulting in the continuous accumulation of gas. At around 0:00 on March 12 of the same year, during the production process of the gold and silver mine, a short circuit in the busbar generated sparks, leading to a major gas explosion accident, resulting in the death of 19 workers and the injury of 15 workers.
(2) Judgment results
The first instance judgment of the People's Court of Panxian County, Guizhou Province holds that the defendants Yinhua IV, Yinhua II, and others jointly invested in the gold and silver coal mine (Unit 4 of the re mining of Songhe Xincheng Coal Industry Company) to be contracted to the defendants Zhang Elementary School and Lu Ming for mining. Yinhua IV is responsible for the comprehensive management of the coal mine, while Yinhua II participates in the management. Yinhua IV and Yinhua II arrange for the defendant Kong Weineng to be responsible for the safety management of the coal mine, and in fact, fulfill the responsibility of the safety mine manager, Arrange the defendant Feng Zhenghua as the technician of the gold and silver coal mine, responsible for the planning and management of coal mine production technology. Six defendants, knowing that the gold and silver coal mine has been declared closed by relevant departments and their mining certificate has been cancelled, have been repeatedly investigated and strictly prohibited from production by the coal management department and safety supervision department. They still violate the provisions of laws, regulations, and enterprise rules and regulations in case of inadequate safety management and lack of safety production conditions, and organize workers to produce, Causing a major liability accident, their behavior has already constituted the crime of a major liability accident, and the circumstances are particularly severe. After the incident, Zhang Xiaoxue voluntarily surrendered to the public security organs and truthfully confessed his crime. He had voluntarily surrendered, and the other five defendants were arrested and truthfully confessed their crimes. After the accident occurred, the gold and silver mine and all defendants actively compensated for the economic losses of the accident victims, and could be given a lighter punishment. In summary, for the crime of a major responsibility accident, the defendant Yin Huasi was sentenced to six years and six months in prison, the defendants Yin Hua'er, Kong Weineng, and Lu Ming were sentenced to four years and six months in prison, the defendant Zhang Xiaoxiao was sentenced to four years in prison, and the defendant Feng Zhenghua was sentenced to three years in prison.
(3) Typical significance
The defendant, knowing that the local government has made an administrative decision prohibiting production of the gold and silver mine, and that the wellhead of the mine has been sealed down in accordance with the law, refused to implement the decision to suspend production supervision, organized production without authorization, and did not take any measures against the hidden dangers of the accident, resulting in a major liability accident, shall be punished severely. Defendants Yinhua IV and Yinhua II, as investors in the gold and silver coal mine, although they have contracted the coal mine to others, still have management responsibilities and arrange personnel to serve as coal mine safety managers and technical personnel. They should be recognized as the criminal subjects of the crime of major liability accidents in accordance with the law.
Case 2
The "1-5" catastrophic fire accident at Lisheng Coal Mine in Xiangtan County, Hunan Province
Major labor safety accidents, illegal mining, and unit bribery cases involving Liu Weiping, Liu Shengjie, and Chu Xiangkui
(1) Basic facts of the case
The defendant Liu Weiping, male, Han nationality, born on December 6, 1962, is an investor and one of the actual controllers of Lisheng Coal Mine in Xiangtan County, Hunan Province.
The defendant Liu Shengjie, male, Han nationality, born on November 29, 1973, is an investor and one of the actual controllers of Lisheng Coal Mine in Xiangtan County.
The defendant, Chu Xiangkui, male, Han nationality, was born on November 6, 1962. He is an investor and one of the actual controllers of Xiangtan County Lisheng Coal Mine.
1. Illegal mining and major labor safety accidents: On November 15, 2008, the defendants Liu Weiping, Liu Shengjie, and Chu Xiangkui jointly contracted the mining rights of Lisheng Coal Mine in Xiangtan County, Hunan Province. The mining scope approved by the Lisheng Coal Mine Mining License is approximately 0.0362 square kilometers, with depths ranging from 100 meters to -124 meters, and the limited period is from April 2008 to April 2009. On January 13, 2009, due to the expiration of both the safety production license and coal production license of Lisheng Coal Mine, the Xiangtan County Coal Supervision Bureau issued a notice to suspend production; In April of the same year, due to the expiration of the mining license of Lisheng Coal Mine and the occurrence of cross-border mining activities, the Xiangtan County Land and Resources Bureau ordered an immediate shutdown of production. However, Liu Weiping, Liu Shengjie, and Chu Xiangkui have repeatedly resorted to fraudulent methods such as closing mines and temporarily dismissing workers, deliberately evading supervision and inspection by management departments, refusing to implement production suspension supervision decisions, and illegally organizing production under the guise of technological transformation for a long time. As of January 2010, the east well of Lisheng Coal Mine had been mined to a level of -640 meters, the middle well had been expanded to a level of -420 meters, and the west well had been mined to a level of -580 meters, seriously exceeding the approved level of -124 meters in the mining license. According to the appraisal of the Hunan Provincial Department of Land and Resources, from May 1, 2009 to December 25, 2009, Lisheng Coal Mine collected 29958.72 tons of raw coal, resulting in a damaged mine resource value of 9046634.68 yuan.
At 12:5 on January 5, 2010, a fire accident occurred in three underground shafts (located between -155 meters and -240 meters) of the middle shaft (also known as the new shaft) of Lisheng Coal Mine due to a short circuit in cables. On the day of the accident, 85 people went down the well. After the accident, 51 people were safely lifted up, resulting in 34 deaths and a direct economic loss of 29.62 million yuan. After identification, the direct cause of the accident was the use of non flame-retardant cables in the three hidden shafts of the middle shaft of Lisheng Coal Mine. When the hanging basket was lifted upwards, it collided with the damaged cable core, causing a short circuit between the cables and causing a fire, generating a large amount of toxic and harmful gases. In addition, the mine was illegally mined beyond the boundary, without forming a complete ventilation system and safety exit. The smoke spread and caused poisoning and death of personnel. The defendants Liu Weiping, Liu Shengjie, and Chu Xiangkui, as the joint investors and actual controllers responsible for the management of Lisheng Coal Mine, did not fulfill their responsibilities seriously and did not take effective safety prevention and management measures during the production and operation process. They did not use armored flame-retardant cables, did not install and use leak detection relays according to regulations, laid a large number of combustible pipelines and objects in the underground shaft of the mine, and did not have independent ventilation systems Those responsible for safety hazards such as the lack of safety exits and escape routes, the lack of fire prevention and extinguishing systems, and incomplete disaster prevention and self rescue facilities in the ultra deep and boundary crossing area of the mine are all responsible.
2. Fact of bribery by the unit: Defendants Liu Weiping, Liu Shengjie, and Chu Xiangkui, in order to evade supervision and inspection by regulatory authorities for their investment and actual control of Lisheng Coal Mine, and seek illegitimate benefits, successively bribed Guo Pingyang, Director of Xiangtan County Coal Supervision Bureau, and Tan Zhengrong, Deputy Director in charge of Xiangtan County Land and Resources Management Bureau (both dealt with separately and sentenced), totaling 290000 yuan. In addition, Liu Weiping bribed 515000 yuan to Liu Yongsong, the head of the Safety Production Department of the Xiangtan Coal Industry Management Office (handled separately and sentenced), and others in order to seek illegitimate benefits from his investment in the Xinfa Coal Mine in Xiangtan County.
(2) Judgment results
The first instance judgment of the Xiangtan County People's Court in Hunan Province holds that the defendants Liu Weiping, Liu Shengjie, and Chu Xiangkui, as investors and actual controllers of Lisheng Coal Mine, violated the provisions of the Mining Resources Law by mining without obtaining a mining license. The circumstances are particularly serious, and their actions have all constituted the crime of illegal mining; Organizing production in Lisheng Coal Mine where the safety production facilities and conditions do not comply with national regulations, resulting in a serious injury or death accident. The circumstances are particularly severe, and all actions have constituted the crime of a major labor safety accident; To seek illegitimate benefits and evade supervision for the coal mines under one's own control, bribing government officials is a serious offense that constitutes bribery by the unit and should be punished in accordance with the law. Liu Shengjie is a recidivist and should be given a heavier punishment according to law; After the accident occurred, Liu Weiping, Liu Shengjie, and Chu Xiangkui actively organized rescue efforts, cooperated with government functional departments to close and integrate other local coal mines that engaged in illegal production, and provided full economic compensation to the families of the accident victims. They may be given lighter penalties as appropriate. In summary, the defendant Liu Weiping was sentenced to five years in prison for the crime of major labor safety accidents, six years in prison for the crime of illegal mining, and a fine of RMB 3 million. The defendant Liu Weiping was sentenced to two years in prison for the crime of unit bribery, and a decision was made to execute a fixed-term imprisonment of nine years with a fine of RMB 3 million; The defendant Liu Shengjie was sentenced to four years in prison for the crime of major labor safety accidents, four years in prison for the crime of illegal mining, and a fine of RMB 3 million. The defendant Liu Shengjie was sentenced to one year in prison for the crime of unit bribery, and was sentenced to seven years in prison with a fine of RMB 3 million; The defendant, Chu Xiangkui, was sentenced to four years in prison for the crime of major labor safety accidents, four years in prison for the crime of illegal mining, and a fine of RMB 3 million. The defendant was sentenced to one year in prison for the crime of unit bribery, and was sentenced to six years and six months in prison, with a fine of RMB 3 million.
After the first instance judgment was pronounced, the procuratorial organ filed a protest on the grounds that the first instance judgment was incorrect in determining the facts of bribery by the unit and the sentencing was excessively lenient; Defendants Liu Weiping, Liu Shengjie, and Chu Xiangkui filed an appeal on the grounds that they did not constitute a major labor safety accident or illegal mining.
The second instance ruling of the Intermediate People's Court of Xiangtan City, Hunan Province believes that the first instance ruling found that the defendants Liu Weiping, Liu Shengjie, and Chu Xiangkui bribed 290000 yuan in error, and that the amount of bribery paid by the three individuals should be determined to be 340000 yuan, but it is not enough to affect sentencing. According to the law, the court rejected part of the prosecution's protest, rejected the appeal of the three defendants, and upheld the original judgment.
(3) Typical significance
Those who engage in production and business activities after the expiration of the safety production license, or intentionally evade or obstruct the supervision and inspection of departments responsible for safety supervision and management by using fraudulent means such as closing mine entrances, temporarily dismissing workers, and bribery methods, shall be given heavier penalties.
Case 3
Major Gas Explosion Accident in Taozigou Coal Mine, Luzhou City, Sichuan Province
Illegal storage of explosives by Luxian Taozigou Coal Industry Company, Luo Jian, Li Zhenyuan, Hu Deyou, and Xu Yingcheng, as well as major liability accidents by Luo Jian, Li Zhenyuan, Hu Deyou, Xu Yingcheng, Xie Shengliang, Jiang Dalun, Chen Tiancai, Yang Wanping, Lu Dequan, Zhang Changyong, Chen Yuanhua, and Zhou Ming
(1) Basic facts of the case
The defendant unit is Luxian Taozigou Coal Industry Co., Ltd. (hereinafter referred to as Taozigou Coal Industry Company), also known as Taozigou Coal Mine.
Defendant Luo Jian, male, Han nationality, born on August 29, 1981, is the investor, legal representative, and executive director of Taozigou Coal Industry Company.
The defendant, Li Zhenyuan, male, Han nationality, born on April 8, 1955, is a contributor and actual controller of Taozigou Coal Industry Company.
The defendant, Hu Deyou, male, Han nationality, was born on May 10, 1968. He is the administrative manager and assistant manager of Taozigou Coal Industry Company.
The defendant, Xu Yingcheng, male, Han nationality, was born on July 9, 1969 and is the Deputy Safety Manager of Taozigou Coal Industry Company.
The defendant Xie Shengliang, male, Han nationality, was born on March 18, 1969 and is the director of the control room of Taozigou Coal Industry Company.
The defendant Jiang Dalun, male, Han nationality, was born on January 11, 1966 and is the deputy production manager of Taozigou Coal Industry Company.
The defendant, Chen Tiantian, male, Han nationality, was born on May 24, 1965 and is the Technical Deputy Mine Manager of Taozigou Coal Industry Company.
Defendant Yang Wanping, male, Han nationality, born on December 5, 1968, is the Deputy Mine Manager of Taozigou Coal Industry Company.
The defendant Lu Dequan, male, Han nationality, was born on April 29, 1963 and is the deputy head of the mechanical and electrical mine of Taozigou Coal Industry Company.
The defendant Zhang Changyong, male, Han nationality, was born on December 20, 1973 and has been serving as the administrative mine manager of Taozigou Coal Industry Company since April 15, 2013.
The defendant Chen Yuanhua, male, Han nationality, was born on July 18, 1962. He is the night shift deputy mine manager and excavation team leader of Taozigou Coal Industry Company.
Defendant Zhou Ming, male, Han nationality, born on May 17, 1979, is a shareholder and supervisor of Taozigou Coal Industry Company.
1. Illegal storage of explosives: The Taozigou Coal Mine in Luxian County, Sichuan Province is jointly operated by defendants Luo Jian and Li Zhenyuan, each holding 50% of the shares. Luo Jian serves as the legal representative and executive director. In September 2012, the mine was renamed as Luxian Taozigou Coal Industry Company. Due to technical renovation and expansion not being accepted, the relevant certificates and licenses have not been replaced. Both Taozigou Coal Mine and Taozigou Coal Industry Company certificates were used simultaneously. In March 2013, Li Zhenyuan registered his shares in the name of his son-in-law, defendant Zhou Ming, with Zhou Ming as the supervisor and Li Zhenyuan as one of the actual controllers, mainly responsible for coal mine safety production management. Taozigou Coal Industry Company has successively appointed defendants Hu Deyou and Zhang Changyong as administrative mine managers. Hu Deyou was appointed as the administrative mine manager from October 15, 2012 to April 14, 2013, and was later appointed as the assistant to the mine manager after April 15; Zhang Changyong became the administrative mine manager from April 15, 2013. On March 15, 2013, Taozigou Coal Industry Company appointed the defendant Xu Ying as the Deputy Mine Manager for Safety, the defendant Xie Shengliang as the Director of the Control Room, the defendant Jiang Dalun as the Deputy Mine Manager for Production, the defendant Chen Tiancai as the Technical Deputy Mine Manager, the defendant Yang Wanping as the Deputy Mine Manager for Excavation, the defendant Lu Dequan as the Deputy Mine Manager for Mechanical and Electrical, and the defendant Chen Yuanhua as the Night Shift Deputy Mine Manager and Excavation Team Leader.
In September 2011, Taozigou Coal Industry Company and seven other local coal mines jointly purchased a civilian explosive warehouse of the original Luxian Huaxu Blasting Company under the name of Luxian Houyuan Mining Company. They jointly signed a civilian explosive warehouse management contract with Anxiang Company under the name of Houyuan Mining Company, agreeing that Anxiang Company would transport, store, distribute, and recycle civilian explosive materials used in the production of eight coal mines. In order to improve efficiency and reduce costs, Taozigou Coal Industry Company, by the end of 2012, had two underground chambers for storing and distributing explosives and detonators built by the defendant Li Zhenyuan without review and acceptance by relevant departments. In March 2013, after the trial operation of Taozigou Coal Industry Company's technical renovation and expansion, no dedicated personnel were assigned to manage the chamber. Instead, a part-time personnel was assigned to distribute explosives and detonators in the chamber during the morning and middle shifts, and the remaining part was stored inside the chamber. Li Zhenyuan knew that there were safety hazards in not recycling explosives according to regulations, but still instructed workers to store unused explosives during the production process on their own; Defendant Luo Jian, in order to cover up the fact that his unit illegally stored explosives, together with Defendant Hu Deyou, instructed the warehouse keeper to forge the explosive management ledger and evade supervision; Hu Deyou and the defendant Xu Yingcheng disregarded their job responsibilities and relevant laws and regulations, and did not take effective measures to stop the illegal storage of explosives, detonators, and workers' arbitrary storage of explosives in underground chambers without returning them. On May 15, 2013, when the Taozigou Coal Industry Company's mine was lawfully closed, under the witness of the public security police, the staff of Anxiang Company collected a total of 622.8 kilograms of illegally stored explosives and 1461 detonators from the mine.
2. Major Liability Accident Facts: Taozigou Coal Industry Company's original designed production capacity was 30000 tons, and in December 2009, it was approved by the Sichuan Provincial Economic Commission for technical renovation and expansion to 90000 tons. In September 2012, the Economic and Information Commission of Luzhou City approved the joint trial operation of the mine. On March 25, 2013, the Luxian County Safety Supervision Bureau approved the resumption of work and production of the mine. On April 7 of the same year, the 2121 coal mining face and four excavation faces of the mine were approved for production. During the technical renovation and expansion period, the defendant Li Zhenyuan arranged for the defendant Chen Tiancai to design the 3111 coal mining face without approval, and arranged for the defendants Xie Shengliang, Jiang Dalun, and others to organize workers to arrange the 3111 coal mining face and seize the opportunity to illegally mine. In mid March of the same year, Li Zhenyuan convened a meeting of defendants Hu Deyou, Xu Yingcheng, Xie Shengliang, Jiang Dalun, Chen Tiancai, Yang Wanping, and Lu Dequan to discuss and decide to mine the 3111 coal mining face. And after the meeting, conspired to encourage workers to go to the 3111 coal mining face to mine coal by increasing the unit price of coal mining. At the same time, measures were taken to avoid supervision, such as only producing in the middle shift, not issuing personnel positioning and identification cards, not installing gas monitoring systems and sensors, and closing tunnels in advance in case of inspection; The defendants Zhang Changyong and Chen Yuanhua did not take effective measures to stop the illegal mining and serious safety hazards in the 3111 coal mining face after discovering them; The defendant Zhou Ming, as a shareholder and supervisor of the mine, also failed to fulfill corresponding regulatory responsibilities for the 3111 working face.
On May 11, 2013 at 14:15, during the production operation of Taozigou Coal Industry Company's 3111 coal mining face, due to inadequate ventilation facilities and the lack of installation of gas monitoring systems and sensors, the accumulation of underground gas reaching explosive concentration was not effectively monitored. The residual explosives fired at the six roadway coal mining operation points of the face caused a gas explosion, resulting in 28 underground workers being killed and 18 workers injured, The direct economic loss exceeded 24.49 million yuan.
(2) Judgment results
The first instance judgment of the People's Court of Luxian County, Sichuan Province holds that the defendant unit, Taozigou Coal Industry Company, violated laws and regulations by illegally storing explosives and detonators in explosive warehouses set up in production mines, and allowing workers to store explosives underground, endangering public safety. The circumstances are serious, and the behavior has constituted the crime of illegal storage of explosives; Defendants Luo Jian, Li Zhenyuan, Hu Deyou, and Xu Yingcheng are all directly responsible supervisors of the unit, and shall bear criminal responsibility for the illegal storage of explosives by the unit in accordance with the law; Hu Deyou is a recidivist and should be given a heavier punishment in accordance with the law. Defendants Luo Jian, Li Zhenyuan, Hu Deyou, Xu Yingcheng, Xie Shengliang, Jiang Dalun, Chen Tiancai, Yang Wanping, Lu Dequan, Zhang Changyong, Chen Yuanhua, and Zhou Ming violated the coal mine production safety management regulations during production and operation, operated illegally without approval, and failed to fulfill their regulatory responsibilities for existing safety hazards, resulting in a major safety accident. The circumstances are particularly severe, and their actions have all constituted the crime of a major liability accident. Among them, Luo Jian Li Zhenyuan, Hu Deyou, and Xu Yingcheng are guilty of illegal storage of explosives and major liability accidents, and should be punished in accordance with the law. Hu Deyou has multiple intentional criminal records and should be given a heavier punishment as appropriate. Taking into account the facts, circumstances, and social harm consequences of the crime, although Luo Jian and Li Zhenyuan actively participated in rescue actions after the accident, and Li Zhenyuan also surrendered, they were not sufficient for a lighter punishment; Hu Deyou, Xu Yingcheng, Xie Shengliang, Jiang Dalun, Chen Tiancai, Yang Wanping, Lu Dequan, Zhang Changyong, Chen Yuanhua, Zhou Ming, and others who have voluntarily surrendered or actively rescued after an accident, may be given lenient punishment at their discretion. In summary, the defendant Taozigou Coal Industry Company was fined RMB 500000 for illegally storing explosives; The defendants Luo Jian and Li Zhenyuan were sentenced to 15 years in prison for the crime of illegal storage of explosives, and 7 years in prison for the crime of major responsibility accidents. It was decided to execute a fixed-term imprisonment of 20 years; The defendant Xu Yingcheng was sentenced to twelve years in prison for the crime of illegal storage of explosives, and six years and six months in prison for the crime of major responsibility accidents. It was decided to execute the sentence of seventeen years in prison; The defendant Hu Deyou was sentenced to eleven years in prison for the crime of illegal storage of explosives, and six years and six months in prison for the crime of major responsibility accidents. It was decided to execute the sentence of sixteen years in prison; The defendants Xie Shengliang, Jiang Dalun, and Chen Tiancai were sentenced to six years and six months in prison for the crime of major responsibility accidents; The defendant Zhang Changyong was sentenced to six years in prison for the crime of a major responsibility accident; Defendants Yang Wanping, Lu Dequan, Chen Yuanhua, and Zhou Ming were sentenced to five years in prison for the crime of major responsibility accidents.
(3) Typical significance
The defendant Li Zhenyuan, as an anonymous shareholder and one of the actual controllers of Taozigou Coal Industry Company, is responsible for coal mine safety production management and should be recognized as the criminal subject of the crime of major liability accidents. The defendant, during the period of coal mine technical renovation and expansion, illegally organized production, did not install necessary safety monitoring and alarm equipment such as gas monitoring systems and sensors, and resorted to fraudulent means such as not issuing operator positioning identification cards and closing the roadway before inspection, intentionally evading or obstructing the department responsible for safety supervision and management to carry out supervision and inspection, and shall be given a heavier punishment.
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