The court held that the defendant Yang XX, as the directly responsible person of the construction unit, violated the national regulations, lowered the engineering quality standards, resulting in a major safety accident in which two people died
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His behavior violated the provisions of article 137 of the criminal law of the people’s Republic of China, and constituted the crime of major safety accident of the project
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Yang XX, the defendant, voluntarily confessed his crime and gave himself up, which can be given a lighter or mitigated punishment according to law; the defendant voluntarily pleaded guilty and accepted punishment, which can be given a lenient punishment according to law; the unit where the defendant belongs has compensated the family members of the victims, such as Chen and Huang, which can be given a lighter punishment as appropriate
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It suggests that the defendant Yang XX be sentenced to two years to two years and six months’ imprisonment for the crime of major safety accident of the project, and be sentenced to a suspended sentence with a fine of less than 50000 yuan
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On March 3, 2017, a sliding accident occurred on the sloping roof in this area, resulting in the death of victims Chen 1 and Huang (male, born on February 9, 2000, aged 17 at the time of the crime) due to mechanical asphyxia caused by the impact of large hard objects
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The defender is Ma Tao, a lawyer of Fujian Jiakai law firm
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The defendant Yang XX voluntarily pleaded guilty and signed a statement, and the defender has no objection to the defendant’s voluntary confession
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The person in charge of the project of the subject of five party responsibility refers to the person in charge of the project of the construction unit, the person in charge of the project of the survey unit, the person in charge of the project of the design unit, the project manager of the construction unit, the chief supervision engineer of the supervision unit This is an excerpt from the attachment of the Ministry of housing and urban rural development
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The Φ 6 ＠ 500×500 steel mesh was not set in the cement mortar tile layer according to the requirements of the design and construction drawings
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On September 4, 2018, the defendant Yang XX voluntarily went to Siming branch of Xiamen Public Security Bureau for investigation and truthfully confessed the above facts
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//////////Quality lifelong responsibility system, not just talk about it! Don’t get away with big housework! Lifelong quality responsibility refers to that the person in charge of the construction project participating in the new construction, expansion and reconstruction shall bear the corresponding responsibility for the project quality within the design service life of the project in accordance with the national laws and regulations and relevant regulations
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The public prosecution’s sentencing suggestions and the defense’s opinions on lighter punishment should be adopted
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The trial is now concluded
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The defendant Yang XX and defender Ma Tao attended the lawsuit
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To sum up, the court ruled as follows: the defendant Yang committed the crime of major engineering safety accident, sentenced to two years and three months’ imprisonment, suspended for two years and six months, and fined 30000 yuan
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On September 4, 2018, Yang voluntarily went to Siming branch of Xiamen Public Security Bureau for investigation and truthfully confessed the above facts
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In case of written appeal, one original and two copies of the appeal petition shall be submitted.
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84 of Sijian weibongxing suit (2020), and filed a public prosecution in this Court on February 20, 2020
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Accordingly, in accordance with the provisions of article 137, paragraph 1 of Article 67, paragraph 1 of Article 72, paragraph 3 of Article 73, paragraph 2 and paragraph 3 of the criminal law of the people’s Republic of China, and Article 15 of the criminal procedure law of the people’s Republic of China, the judgment is as follows: the defendant Yang XX committed the crime of major safety accident and was sentenced to death Fixed term imprisonment of two years and three months, probation of two years and six months, and a fine of 30000 yuan
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On September 4, 2018, he was bailed by Siming branch of Xiamen Public Security Bureau for the crime of major safety accident, and on August 9, 2019, he was bailed by Siming District People’s Procuratorate
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After the court accepted the case, it formed a collegial panel according to law, applied the summary procedure, and heard the case in public through the remote video system of the cloud court
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His behavior violated the provisions of article 137 of the criminal law of the people’s Republic of China, and constituted the crime of major safety accident
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The fine shall be paid within ten days from the second day when the judgment becomes legally effective.) If you do not accept this judgment, you may appeal to Xiamen intermediate people’s court through this court or directly within 10 days from the second day of receiving this judgment
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In view of Yang’s voluntary surrender and truthful confession of his crime, he can be given a lighter or mitigated punishment in accordance with the law; the defendant voluntarily pleads guilty and admits punishment, and can be given a lenient punishment in accordance with the law; the defendant’s unit has compensated the victim’s family members, and can be given a lighter punishment as appropriate
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1、 Construction unit 2, investigation unit 3, design unit 4, construction unit 5, supervision unit attached: criminal judgment of the first instance of the crime of major safety accident of Yang XX project, public prosecution organ, people’s Procuratorate of Siming District, Xiamen city
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The people’s Procuratorate of Siming District of Xiamen City appointed procurator Li Wei to appear in court to support the public prosecution
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On March 3, 2017, a sliding accident occurred on the sloping roof in this area, resulting in two deaths due to mechanical asphyxia caused by the impact of large hard objects
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After the accident, the roof design and construction requirements were changed and cancelled without authorization
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As a result, there was no structural connection between the cement mortar tile layer and the concrete slab, which led to the overall sliding of the cement mortar tile layer The direct cause of the accident
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The court supports the accusation of public prosecution
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After the accident, the roof design and construction requirements were changed and cancelled without authorization by Fujian Fangcheng judicial appraisal center
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(2) the probation period for suspension of sentence shall be calculated from the date of determination of the judgment
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This case includes the confession and defense of the defendant Yang XX, design drawings, construction log, project contact list, technical verification list, construction project completion acceptance report, investigation report, autopsy report, death medical certificate, compensation agreement, receipt, and the witness’s identification of Jiang, Lin, Cheng, Wang 1, Wu, Wang 2, Wei, Zhang, Li 1, Li 2, Chen 2, etc Testimony, the real estate appraisal report, the Fujian Fang Cheng judicial appraisal center judicial appraisal opinion, registered residence information, case to pass, situation description, public security organs work and litigation documents and other evidence confirmed that enough to identify
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After the case, the unit of Yang XX, the defendant, has compensated 1.7 million yuan for the family members of the victim Chen 1 and 1.5 million yuan for the family members of the victim Huang
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The Φ 6 ＠ 500×500 steel mesh was not set in the cement mortar tile layer according to the requirements of the design and construction drawings
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The court held that the defendant Yang, as the directly responsible person of the construction unit, violated the national regulations, lowered the engineering quality standards, and caused a major safety accident in which two people died
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As a result, there was no structural connection between the cement mortar tile layer without steel mesh and the concrete slab, which was the direct cause of the overall sliding accident of the cement mortar tile layer
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The public prosecution organ considers that the defendant Yang XX has the circumstances of voluntary confession and punishment
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Defendant Yang XX, male, born in December 11, 1971, Han nationality, college culture, registered residence in Hongshan District, Wuhan City, Hubei Province, now living in Pudong New Area, Shanghai, is now deputy general manager of a company in Jiangsu
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To sum up, the court decided to give the defendant a lighter punishment and announced a probation
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During the construction of the sloping roof in area C of a commercial plaza project, the design and construction requirements of the roof were changed without authorization, and the reinforcement mesh of the cement mortar tile layer was cancelled, and no other technical measures were taken
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Jianjiantong media ID: jianzhong001 in 2006, Yang, as the project manager of a commercial square decoration project, changed the roof design and construction requirements without authorization during the construction of sloping roof in area C, cancelled the reinforcement mesh of cement mortar tile layer, and did not take other technical measures
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The people’s Procuratorate of Siming District of Xiamen City charged the defendant Yang XX with the crime of major safety accident of the project with the indictment No
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The public prosecution alleges that in 2006, the defendant Yang XX was the project manager of a commercial plaza decoration project undertaken by a decoration Co., Ltd., and was the directly responsible person of the construction unit of the project
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