New measures to enhance co-ordination in handling production safety crimes

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加强安全生产犯罪案件处理-衔接工作的新办法-New-measures-to-enhance-co-ordination-in-handling-production-safety-crimes

The Ministry of Emergency Management, the Ministry of Public Security, the Supreme Court and the Supreme Procuratorate, on 16 April 2019, jointly issued the Measures on Coordination Between Administrative Enforcement and Criminal Proceedings in Production Safety Crimes.

The measures aim to strengthen the coordination between various authorities when responding to production safety incidents and when prosecuting production safety crimes. The measures apply to serious production safety crimes, such as forcing employees to work in dangerous conditions, major work safety accidents, and accidents involving hazardous substances.

The measures aim to strengthen coordination between various authorities in daily supervision, accident investigation, consultation in complicated cases, and criminal prosecution. For example, the measures address how to transfer a case from the emergency management authorities to the pubic security authorities, and further to the procuratorates (i.e., prosecutors), who will then decide whether to prosecute. Furthermore, the procuratorates and courts may issue remedial orders if they identify major production safety issues in a company’s production processes or identify violations by the government authorities in handling production accidents.

In addition, the measures aim to establish a regular coordination mechanism between different authorities so that they can review and draw lessons from production safety accidents and crimes. Emergency management authorities, public security authorities, procuratorates and courts will regularly convene to discuss major production safety cases and jointly publicize key information on handling them.

Business Law Digest is compiled with the assistance of Baker McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker McKenzie by e-mailing Danian Zhang (Shanghai) at [email protected]