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
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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.

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