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Where the public security organs find it necessary to arrest a detained person, they shall submit it to the procuratorate for review and approval within three days of detention; In special circumstances, it may be extended by one to four days, and criminal detention may be extended to a maximum of 30 days, and the public security organs need to transfer the case to the procuratorate to apply for approval of arrest, and the procuratorate shall make a decision on whether to approve the arrest within seven days.
Code of Criminal Procedure
Article 89: Where public security organs find that it is necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of taking him into custody. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
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It depends on how big you do.,You're very large.,The pollution is also very strong.,It's estimated that it will be heavier if it lasts for a long time.。。 The scale is small, the pollution is short or the pollution is small, and at most it will shut you down.
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Legal analysis: Because small electroplating workshops will constitute the crime of polluting the environment, the corresponding sentencing standards should be determined according to the specific circumstances of the act, generally less than 3 years or 3 to 7 years in prison.
Legal basis: Criminal Law of the People's Republic of China Article 338 Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; In any of the following circumstances, a sentence of seven or more years imprisonment and a concurrent fine is to be given:
1) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances in key protected areas designated in accordance with law, such as drinking water source protection zones and core conservation areas of nature reserves, where the circumstances are especially serious;
2) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances into the waters of important rivers and lakes designated by the State, where the circumstances are especially serious;
3) Causing the loss of the basic functions of a large amount of permanent basic farmland or causing permanent damage;
4) Causing serious injury or illness to many people, or causing serious disability or death.
Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
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Small electroplating workshops that discharge waste or other toxic substances in violation of regulations will generally be suspected of the crime of polluting the environment, and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine.
Article 338 of the Criminal Law is the crime of polluting the environment.
Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Article 339: The crime of illegal disposal of imported solid waste.
Whoever violates state regulations by dumping, stacking, or disposing of solid waste from abroad into the country shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; Whoever causes a major environmental pollution accident, causing major losses to public or private property or seriously endangering human health, is to be sentenced to between 5 and 10 years imprisonment and a concurrent fine; where the consequences are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
II. Provisions on sentencing for environmental pollution.
This crime is objectively manifested as an act of discharging hazardous wastes into land, water bodies and the atmosphere in violation of state regulations, causing environmental pollution, causing major losses to public and private property or serious consequences for the person.
1. The commission of this crime must violate state regulations.
2. Implement discharge, dumping and disposal behaviors.
3. It must have caused environmental pollution, resulting in major losses of public and private property or serious consequences of people returning to their bodies.
The sentencing for the crime of general environmental pollution is not more than 3 years or 3-7 years imprisonment, depending on the circumstances.
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Legal analysis: There is no crime of electroplating environmental pollution in China, only the crime of polluting the environment. If the perpetrator discharges or dumps electroplating pollutants, causing serious pollution to the environment, he commits the crime of polluting the environment and will be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and shall be sentenced to a fine of concurrently or a single fine; If the perpetrator's polluting behavior causes particularly serious consequences, he will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine will be imposed at the same time.
The contaminants of the offence of environmental pollution may be radioactive wastes, wastes containing pathogens of infectious diseases, toxic substances or other harmful substances.
Legal basis: Article 338 of the Criminal Law of the People's Republic of China Crimes of polluting the environment Whoever discharges, dumps, or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances in violation of state regulations, and seriously pollutes the environment, is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
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The sentencing outcome of the crime of illegal business operation has nothing to do with the business operator's business time, and must also be judged according to the consequences caused by his or her actions. The so-called crime of illegal business operation refers to the operation of franchises, monopoly goods or other restricted items without permission, the purchase and sale of import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious. According to article 225 of the Criminal Law, [Crime of Illegal Business Operation] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than one time but not more than five times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given
1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;
2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;
3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;
4) Other illegal business activities that seriously disrupt market order.
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Illegally embezzling property in the factory worth 9 million yuan, and the amount of money involved in the troubles is huge, he shall be sentenced to fixed-term imprisonment of not less than five years, and may also be sentenced to confiscation of property.
The crime of embezzlement in public office refers to the conduct of personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the unit's property for themselves, and the amount is relatively large.
Criminal Law: Article 271 Personnel of a company, enterprise, or other unit who take advantage of their position to illegally take possession of the property of their own unit, and the amount of money is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention; where the amount involved is huge, the sentence is to be five or more years imprisonment, and property may be confiscated concurrently.
Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or persons appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, commit the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.
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Article 338 of the Criminal Law (Amendment VIII), which came into effect in May 2011, amends the original Criminal Law article 338 of the Criminal Law, "the crime of major environmental pollution accidents", stipulating that "whoever discharges, dumps or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances or other harmful substances in violation of state regulations, and seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention and/or a fine; where the consequences are especially serious, the sentence is to be between 3 and 7 years imprisonment and a concurrent fine." The Interpretation, which came into effect on June 19 this year, defines 14 criteria for serious environmental pollution in accordance with Article 338 of the Criminal Law, and anyone who meets these 14 criteria can be defined as seriously polluting the environment.
For acts that seriously pollute the environment, it is necessary to "hold accountable three responsibilities at the same time", and in addition to bearing administrative and civil liability, they must also be investigated for criminal responsibility. In this case, monitoring found that the wastewater discharged contained heavy metal pollutants that seriously endangered the environment, exceeding the national pollutant discharge standard by more than three times, and met the criminal standard.
The crime of illegal business operation refers to the crime of violating state regulations and committing one of the following illegal business activities: >>>More
The punishment for the crime of illegal business operation is as follows: Criminal Law of the People's Republic of China >>>More
1. Definitions. The crime of illegal business operation refers to the unauthorized operation of monopoly or monopoly goods or other restricted items, the purchase and sale of import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious. >>>More
As to whether the illegal business activities of the parties need to be arrested, the procuratorate should decide on the basis of the facts of the case, and it is impossible to answer the question because it is unable to know the accurate facts of the case. The parties may refer to the following provisions, and on the basis of article 86 of the "People's Procuratorate Rules of Criminal Procedure", the people's procuratorate shall approve or decide to arrest a criminal suspect who has evidence to prove the facts of a crime and may be sentenced to imprisonment or higher, and it is not sufficient to prevent the occurrence of danger to society, but there is a need for arrest. >>>More
An appeal may be lodged against the judgment.
1. The criminal liability for illegal sale of real cigarettes is as follows: >>>More