Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Threats to Production Safety
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Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Endangerment to Production Safety, effective as of December 16, 2015. Article 1 Article 134 of the Criminal Law [Crime of Major Responsibility Accident] ； The subjects liable for the crime of forcing others to carry out work in violation of regulations and at high risk, as stipulated in Paragraph 1, include persons who hold responsibilities for organizing, directing, or managing production or operations, such as managers, actual controllers, investors, etc., as well as those who are directly engaged in such production or operations... In any of the following circumstances, it shall be deemed that \"severe consequences\" have been caused or that \"serious casualties or other severe consequences\" have occurred; the relevant responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention: (1) Causing the death of one or more persons, or serious injuries to three or more persons ； (II) Causing direct economic losses of over one million yuan ； (III) Other circumstances that result in serious consequences or major safety accidents. What I want to ask is, if someone dies, does the person responsible for on-site safety management have to face criminal prosecution?
The judicial interpretation mentioned here actually refers to the criteria for the public security organs to initiate a case. As for how to impose a sentence, it should be determined based on the harm caused by the case and the degree of responsibility one bears, in other words, the principle of proportionality between crime, liability, and punishment. Assume the criminal liability and criminal punishment that you owe.