The “Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Endangering Work Safety” is scheduled to enter into force on Dec 16. Consisting of 17 articles, the judicial interpretation resolves ambiguities in China’s laws and regulations related to the subject of crime, criminal conviction and sentencing and determination of corruption and malpractice of officials.
The Aug 12 Tianjin disaster to a large extent impelled the formulation of the Interpretation as it exposed a variety of problems in the existing legal system while causing mass casualties and huge economic losses. Now according to the Interpretation, the “dormant shareholder”, whose name is not disclosed to the public (usually because of his sensitive identity such as a relative of an official), may be the subject to criminal investigation if implicated in illegal activities.
The Interpretation provides guidance on determining the offence levels of several offences associated with “endangering work safety”, such as “dangerous goods offences” and “crime of fire-prevention liability accident”. In addition, the following offences will be given heavier punishments according to the sentencing range specified by relevant regulations.
Carrying out business activities without safety license(s) (including when the license is expired, suspended, revoked or withdrawn)
Switching off or destroying the monitoring equipment and alerts
Taking no actions upon receiving reports on accident potentials discovered by a department or individual
Repeating criminal violations within one year from the last time of receiving administrative punishment or criminal punishment due to endangering work safety
Getting rid of or impeding law enforcement investigations of work safety administrations by falsification, bribery, etc.
Attempting to evade legal liability by transferring assets
