Recently, the Supreme People’s Procuratorate of China, along with the Ministry of Public Security and the Ministry of Ecology and Environment, issued a joint document titled “Guidelines for the Collection of Evidence in Environmental Pollution Criminal Cases.” This new guideline is aimed at ensuring that law enforcement agencies collect evidence in a standardized and efficient manner, while also clarifying the areas of focus for prosecuting authorities in these cases.
In an interview, a spokesperson explained that the guidelines emphasize three key principles when handling environmental pollution criminal cases: “comprehensive and objective,” “lawfully standard,” and “evidence-based judgment.” The document outlines the necessity of gathering, securing, reviewing, and utilizing evidence in a legal and scientific manner, ensuring that it serves as a solid foundation for fact determination and legal applicability, thereby enhancing both the quality and efficiency of case handling.
The guidelines specifically highlight the importance of gathering evidence regarding the objective aspects of crimes, such as identifying the specific types of pollutants and demonstrating the suspect’s actions in terms of discharge, dumping, or disposal of waste. It also underscores the need to establish a causal relationship between the actions of pollution and the resultant environmental damage, particularly in alignment with the interpretations related to serious pollution scenarios.
Moreover, the guidelines stipulate that authorities must collect and examine evidence related to criminal liability, emphasizing the distinction between corporate and individual offenses. They stress the importance of investigating the motives, objectives, and any premeditated plans of the individuals involved. If there are defenses pertaining to subjective culpability, the guidelines recommend collecting thorough evidence concerning a suspect’s professional background, training histories, and previous disciplinary actions, as well as the nature of the pollutants and their disposal methods.
The guidelines further indicate the need to gather and assess evidence that affects sentencing, such as voluntary confessions, roles in joint crimes, acceptance of plea deals, and ecological restoration efforts. This approach aims to ensure accurate convictions and appropriate sentences.
Officials from the three departments emphasized the necessity for collaboration among prosecutors, police, and environmental authorities. They highlighted the importance of maintaining the integrity of evidence during investigations, and when criminal liability is suspected, cases and relevant materials should be referred to law enforcement as mandated. Law enforcement agencies are encouraged to conduct thorough analyses and deepen their investigations while ensuring that evidence is collected and documented in compliance with the law.
Prosecuting bodies are tasked with a comprehensive and objective review of facts and evidence presented by law enforcement before making decisions regarding arrests and prosecutions. This rigorous approach aims to standardize the investigation of environmental pollution crimes and enhance the overall quality of case management.
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