Tuesday, June 18, 2013

China - Pollution of the Environment before Court


... news to come ...


Tomorrow at 2:00 pm GMT (3:00 pm local time) U.S. President Obama will make a keynote speech during his visit to Berlin almost 50 years after John F. Kennedy declared: 'Ich bin ein Berliner.' He is expected to speak in front of Brandenburg Gate which has been the background of many dramatic events in German history.

Most probably that speech will be covered by CNN and German TV stations. For further information, please, refer to an article published today by The Guardian, London:
Barack Obama follows in footsteps of JFK with speech in Berlin.




Press Conference of the People's Supreme Court of Justice


Today, June 6, People's Network, Beijing, published an article on brandnew standards in the treatment of criminal pollution of the environment in court. A high official belonging to the People's Supreme Court of Justice spoke about that subject on a press conference:

两高司法解释:降低定罪量刑门槛从严打击环境污染犯罪

[Main Headline] Both administrations of justice explain:
A reduction of the threshold for penalty measurement
[in case of] conviction [could] deliver a severe blow to
criminal pollution of the environment.

最高人民法院研究室主任胡云腾在回答记者提问时候说:

Chairman Hu YunTang from the chamber of research at the People's Supreme Court of Justice said while answering the questions of journalists :

…鉴于当前环境形势、污染的情况非常严重,在某些地区可以说是非常严峻,所以在司法解释中着重考虑了从严打击。

... In view of the current state of environment and a most serious situation of pollution, what might be called unusually grim in some regions, an interpretation by the administration of justice is emphasizing to consider [the application of] a severe blow.

首先,降低了污染环境罪的定罪量刑门槛,比如过去污染环境造成一人以上死亡的才能定罪,现在一人以上重伤就可以了;过去造成三人以上死亡的,才能加重处罚,现在只要造成一人以上死亡的,就可以加重处罚。

Firstly, a reduction of the threshold for penalty measurement [in case] of conviction of crime concerning pollution of the environment. For example, in the past, a pollution of the environment causing the death of more than one person [led to charges in case of conviction]. Today, [same thing] can happen, if more than one person is seriously wounded. When, in the past, more than three persons died, this [had the quality] of increasing the punishment, while, today, only the death of more than one person is needed for a possible increase of punishment.

第二,从结果犯变成行为犯,过去认定环境污染犯罪的每一项标准都有个结果,现在不少标准规定只要有相应的行为,就可以定罪了。

Secondly, when a [sentenced] criminal turns into a [habitual] criminal, each pollution of the environment was considered as a standard case in the past. Today, while many standards are being fixed, it only needs a relevant conduct to [serve as] conviction.


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