Ask for advice on the responsibility for safety accidents and how to deal with the person responsibl

It is illegal to build a house without approval, because if the illegal construction results in the death of a worker, A must not only compensate the worker, but also accept the punishment of the administrative department. In addition, if the local ** detains A according to the criminal punishment of a major accident, then what A needs to do now is to find a lawyer to intervene, release on bail pending trial first, and actively compensate the deceased worker before a favorable trial.

The person responsible for a major safety accident shall be fined 60 percent of the annual income of the previous year. If a criminal offense is constituted, criminal responsibility will be pursued and the people's court will conduct trial and sentencing. Safety accident refers to an accident that occurs suddenly in the production and business operation activities of a production and business operation entity, including activities related to production and operation, that harms personal safety and health, or damages equipment and facilities, or causes economic losses, resulting in the temporary suspension or permanent termination of the original production and business activities, including those related to production and business activities.

After the accident occurs, the relevant personnel at the scene of the accident shall immediately report to the person in charge of the unit, and the person in charge of the unit shall report to the people's production safety supervision and management department at or above the county level and the relevant departments responsible for the supervision and management of production safety within 1 hour after receiving the report. When the situation is urgent, the relevant personnel at the scene of the accident can directly report to the people's production safety supervision and management department at or above the county level where the accident occurred and the relevant departments responsible for the supervision and management of production safety.

Work Safety Law of the People's Republic of China Article 95 The main person in charge of a production and business operation entity fails to perform the safety production management duties stipulated in this Law, resulting in a production safety accident, the emergency management department shall impose a fine in accordance with the following provisions: (1) In the event of a general accident, a fine of 40% of the annual income of the previous year shall be imposed; (2) In the event of a major accident, a fine of 60 percent of the annual income of the previous year shall be imposed; (3) In the event of a major accident, a fine of 80% of the annual income of the previous year shall be imposed; (4) In the event of a particularly serious accident, a fine of 100 percent of the annual income of the previous year shall be imposed.

What is the level of the accident?

Accidents are generally divided into the following grades: 1. Particularly serious accidents refer to accidents that cause more than 30 deaths, or more than 100 serious injuries, or direct economic losses of more than 100 million yuan; 2. Major accidents refer to accidents that cause the death of more than 10 people and less than 30 people, or the serious injury of more than 50 people and less than 100 people, or the direct economic loss of between 50 million yuan and 100 million yuan; 3. Relatively large accidents refer to accidents that cause the death of more than 3 people and less than 10 people, or serious injuries of more than 10 people and less than 50 people, or direct economic losses of more than 10 million yuan and less than 50 million yuan; 4. General accidents refer to accidents that cause the death of less than 3 people, or the serious injury of less than 10 people, or the direct economic loss of less than 10 million yuan.

If the unit where the accident occurred and its relevant personnel commit any of the following acts, the principal responsible person, the directly responsible person in charge and other directly responsible personnel shall be fined 60% to 100% of the annual income of the previous year on the state functionary, and shall be punished according to law as a violation of the administration of public security, and the public security organ shall impose a penalty on the administration of public security in accordance with the law and become a crime, and shall be investigated for criminal responsibility in accordance with law:

1) Falsely reporting or concealing an accident;

2) Falsifying or intentionally destroying the scene of an accident;

3) Transferring or concealing funds or property, or destroying relevant evidence or materials;

4) Refusal to accept the investigation or refusal to provide relevant circumstances and materials;

5) Giving false testimony or instructing others to give false testimony during the investigation of an accident;

6) Fleeing after an accident.

Regulations on the Reporting, Investigation and Handling of Production Safety Accidents

Article 35 If the principal responsible person of the unit where the accident occurs commits any of the following acts, he shall be fined 40 to 80 percent of the annual income of the previous year; where they are state employees, they are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Failure to immediately organize rescue from accidents;

2) Late reporting or omission of reporting accidents;

3) Leaving their duties without permission during the investigation and handling of the accident.

Article 38 If the principal responsible person of the unit where the accident occurs fails to perform the duties of production safety management in accordance with the law, resulting in the occurrence of the accident, a fine shall be imposed in accordance with the following provisions; where they are state employees, they are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) In the event of a general accident, a fine of 30% of the annual income of the previous year shall be imposed;

2) In the event of a major accident, a fine of 40% of the annual income of the previous year shall be imposed;

3) In the event of a major accident, a fine of 60% of the annual income of the previous year shall be imposed;

4) In the event of a particularly serious accident, a fine of 80% of the annual income of the previous year shall be imposed.

Summary. Pro-<>

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The responsibility for general safety accidents shall be investigated as follows: the people responsible for the investigation of general accidents shall make a reply within 15 days from the date of receipt of the accident investigation report; For particularly serious accidents, a reply shall be made within 30 days, and under special circumstances, the approval time may be appropriately extended, but the extension time shall not exceed 30 days. The relevant organs shall, in accordance with the approval of the people, and in accordance with the authority and procedures prescribed by laws and administrative regulations, impose administrative penalties on the unit where the accident occurred and the relevant personnel, and punish the state functionaries responsible for the accident.

Accountability for general safety incidents.

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The responsibility for general safety accidents shall be investigated as follows: the people responsible for the investigation of general accidents shall make a reply within 15 days from the date of receipt of the accident investigation report; For particularly serious accidents, a reply shall be made within 30 days, and under special circumstances, the approval time may be appropriately extended, but the extension time shall not exceed 30 days. The relevant organs shall, in accordance with the approval of the people, in accordance with the authority and procedures stipulated by laws and administrative regulations, impose administrative penalties on the unit where the accident occurred and the relevant personnel next to the source of the accident into the hail and make oak travel, and punish the state functionaries responsible for the accident.

According to Article 3 of the Regulations on the Reporting, Investigation and Handling of Safety Accidents in Production Files, accidents are generally divided into the following levels according to the loss of personnel or direct losses caused by production safety accidents (hereinafter referred to as accidents): (1) Particularly major accidents refer to accidents that cause more than 30 deaths, or more than 100 serious injuries, or direct economic losses of more than 100 million yuan; (2) Major accidents refer to accidents that cause the death of between 10 and 30 people, or the serious injury of between 50 and 100 people, or the direct economic loss of between 50 million and 100 million yuan; (3) "Relatively large accidents" refers to accidents that cause the death of 3 to 10 people, or the serious injury of 10 to 50 people, or the direct economic loss of between 10 million and 50 million yuan; (4) General accidents refer to accidents that cause less than 3 deaths, or less than 10 serious injuries, or direct economic losses of less than 10 million yuan.

According to the law, if a criminal investigation is initiated into an enterprise that has a production safety liability accident that causes one or more deaths, three serious injuries, and economic losses of more than 1 million yuan, and constitutes a crime, the main person in charge of the enterprise, the actual controller or the relevant responsible personnel shall be investigated for criminal responsibility by the judicial organ in accordance with the law; where there are aggravating circumstances, a heavier punishment is to be given in accordance with law.

Article 135 of the Criminal Law stipulates that if a major accident or other serious consequences occur due to the occurrence of a major accident or other serious consequences caused by the aforecillation of safety production facilities or production safety conditions, the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

Where production safety facilities or production safety conditions do not comply with state regulations, resulting in a major accident or other serious consequences, the directly responsible managers and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.

Legal basis: Article 134 of the Criminal Law of the People's Republic of China Whoever violates the provisions on safety management in production or operation, resulting in a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Whoever forces others to conduct risky operations in violation of rules and regulations, resulting in a major accident or other serious consequences, is to be sentenced to up to five years imprisonment or where the short-term detention is particularly heinous, a sentence of five or more years imprisonment is to be given.