May 31, 2010
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No. 3 of First Batch of Model Cases Involving the Peaceful China Initiative Published by the Supreme People's Court: People v. Pan (Hazardous Operation)—A Model Case Involving Public Security
No. 3 of First Batch of Model Cases Involving the Peaceful China Initiative Published by the Supreme People's Court: People v. Pan (Hazardous Operation)—A Model Case Involving Public Security 最高人民法院发布5起平安中国建设第一批典型案例之三:潘某某危险作业案——涉公共安全典型案例

1. Case Summary (一)基本案情

During the period from May and June 2020 to April 2021, without obtaining the approval of the relevant authority and the permit to deal in hazardous chemicals, Pan sold gas to other automobiles by driving an oil pump with power supply from an external battery on the Jinbei vehicles (Su F0D9K5) and (Su E79V3Y) he refitted and loaded with plastic oil drums and a Dongfeng vehicle (Su FP33G6) loaded with stainless steel oil drums. The sold gasoline totaled over 6,000 liters. On April 14, 2021, Pan was arrested by the public security organ and he was released on bail pending trial. During the period of bail pending trial, Pan parked the refitted Jinbei vehicle (Su E79V3Y) loaded with gasoline by the roadside. After being contacted, he took a plastic oil drum with over ten liters of gasoline out of this vehicle and fueled an automobile of someone else. After the fueling, he intended to fuel again and boosted the oil pump by illegally using a battery, causing the outbreak of a fire on the vehicle (Su E79V3Y). As fire and rescue personnel arrived at the scene in time, no serious consequences were caused. The fire gave rise to burns of Pan's both lower limbs and damages of three automobiles and one electric bicycle nearby, and two air conditioning outer machines of the adjacent residents. It was identified by the fire authority upon investigation that the cause for the fire was that the fuel vapor in the carriage of the refitted Jinbei vehicle (Su E79V3Y) was ignited by the electric spark. It was also identified that the gasoline sold by Pan met the gasoline index characteristics and was a gasoline product, but the sulphur content was unqualified; and the loss to the three automobiles damaged totaled 26,734 yuan.
 2020年五六月份至2021年4月,潘某某在未经有关部门依法批准、未取得危险化学品经营许可证的情况下,利用自行改装的装有塑料油桶的苏F0D9K5号和苏E79V3Y号金杯面包车以及装有不锈钢油桶的苏FP33G6号东风汽车,采用外置电瓶搭电驱动油泵方式为他人汽车加油作业,共计销售汽油6000余升。2021年4月14日,潘某某被公安机关抓获,次日被取保候审。取保候审期间,潘某某于同月22日将储存有汽油的苏E79V3Y号改装金杯面包车停放至路边,经联系后于同月27日15时许从该车中取出装有十余升汽油的塑料油桶为他人驾驶的汽车加油,加完油后再次进行加油作业过程中,违规用电瓶为油泵搭电,导致苏E79V3Y号面包车起火,因消防救援人员及时赶到未酿成严重后果。火灾造成潘某某双下肢烧伤,现场附近三辆汽车和一辆电动自行车受损,临近住户的两台空调外机受损。经消防机关调查认定,此次火灾的起火原因为苏E79V3Y号金杯面包车改造的加油车厢内汽油蒸气遇电火花爆燃引发成灾。经鉴定,潘某某销售的油品符合汽油指标特征,为汽油类产品,硫含量不合格;被毁坏的三辆汽车损失共计价值26 734元。
The court of the first instance entered a judgment that: without obtaining the approval of the relevant state authority, Pan engaged in operation and storage of gasoline, a hazardous chemical, causing the outbreak of a fire. No serious consequences were caused as the fire and rescue personnel arrived at the scene in time. Pan's acts posed a real danger of causing a major casualty accident or other serious consequence. After being arrested, Pan confessed to his crime and was willing to accept the punishment and he may be given a lenient punishment. The people's court sentenced Pan to six months of fixed-term imprisonment with suspended execution of one year for committing a crime of hazardous operation. After the judgment of the first instance was pronounced, the procuratorial organ did not lodge a protest, Pan did not appeal, and the judgment has taken effect. 一审法院判决:潘某某未经国家有关部门许可,擅自从事危险化学品汽油经营、储存活动导致发生火灾,起火后因消防救援人员及时赶到才未造成严重后果,其行为具有发生重大伤亡事故或者其他严重后果的现实危险。潘某某到案后如实供述自己罪行,愿意接受处罚,可以从宽处理。以危险作业罪判处潘某某有期徒刑六个月,缓刑一年。一审宣判后,检察机关未抗诉,潘某某未上诉,判决已发生法律效力。
2. Reasoning of the Court (二)裁判理由
In accordance with item (3) of Article 134 (I) of the Criminal Law, “whoever engages in highly dangerous productive or operational activities, such as mining, metal smelting, building construction, and the manufacturing, distribution, and storage of dangerous articles, without approval or licensing in accordance with the law regarding work safety and in violation of the provisions on safety management during production or operations, posing a real danger of causing any major casualty accident or other serious consequence, shall be sentenced to not more than one year of fixed-term imprisonment, limited incarceration, or probation.” 根据刑法一百三十四条之一第三项规定,在生产、作业中违反有关安全管理的规定,涉及安全生产的事项未经依法批准或者许可,擅自从事矿山开采、金属冶炼、建筑施工,以及危险物品生产、经营、储存等高度危险的生产作业活动,具有发生重大伤亡事故或者其他严重后果的现实危险的,处一年以下有期徒刑徒刑、拘役或者管制。
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