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SPC and SPP Issue Judicial Interpretation on Crimes of Environmental Pollution
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Chinese
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Category：Legislative Updates
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Subject：System reform
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Keywords：crimes of environmental pollution
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Source：Pkulaw
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Publish Date：08-17-2023
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On August 8, 2023, the Supreme People's Court (SPC) and the Supreme People's Procuratorate (SPP) jointly issued the Interpretation on Several Issues concerning the Application of Law in the Handling of Criminal Cases Involving Environmental Pollution, effective from August 15, 2023.
In accordance with the Interpretation, first, the sentencing standards for crimes of environmental pollution are adjusted. The statutory punishment on crimes of environmental pollution, as set forth in Article 338 of the Criminal Law, is adjusted from original two levels to three levels, and the standards for upgraded sentencing are amended and improved, according to the Amendment (XI) to the Criminal Law. Second, the rules for crime offenses involving environmental data fabrication are clarified. For personnel of intermediary organizations responsible for environmental impact assessment, environmental monitoring, greenhouse gas emission inspection and testing, and the preparation or verification of emission reports, the Interpretation outlines sentencing standards for criminal offenses involving the fabrication of supporting documents. Third, the rules for leniency and strictness in handling criminal cases involving environmental pollution are stressed. On one hand, combining relevant laws and regulations on environmental protection, the Interpretation specifies that, without pollution discharge permits, entities under the key management of pollution permits should be punished severely if they carry out illegal sewage. On the other hand, the Interpretation stipulates that entities may be leniently treated, when necessary, according to elements such as confession and punishment, restoration of ecological environment, and effective corrective actions for compliance, so as to reflect the notion of restorative justice. As a result, if a party involved in a case has some optimizing elements, they should be leniently punished and the case may be ensured to be handled with a better influence.
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