[Case Summary]This case is a criminal defense case of environmental pollution. M*, who served as the general manager of A Materials Co., Ltd., knew that others did not have a hazardous waste management license, but still entrusted them to dispose of industrial waste liquids at a price of 200 yuan per ton, with a total amount of more than 130 tons, causing environmental damage worth over 6.05 million yuan. After M* was arrested, his family entrusted Beijing Henglu Law Firm to handle his case.Yuan HangThe lawyer defended the client, and the procuratorate accepted the lawyer's opinion and granted bail pending trial. At the court stage, the lawyer defended the client again, and in the end, M * was sentenced to fixed-term imprisonment of three years and probation of three years, and fined 15,000 yuan. The core controversy is: the main responsible person of the unit has a low subjective malice, actively repairs the environment, and admits guilt and accepts the punishment. How to strive for probation? Applicable laws: Article 338 of the Criminal Law (Crime of Polluting the Environment) and Article 67.

I. Review of the case

"Will companies be sentenced to prison for illegally discharging wastewater?" and "What are the circumstances under which a person will be sentenced to probation for environmental pollution crimes?" are the focus of concern for business operators. A Materials Co., Ltd. produces and sells fine chemicals. In April 2022, after M * assumed the position of general manager, it was found that some industrial wastewater could not be treated by the sewage treatment facilities and was stored in emergency accident tanks. The company's former employee L * proposed to transport the wastewater for profit. M * knew that L * did not have a hazardous waste management license, but still entrusted him to handle the wastewater at 200 yuan per ton. From October 2022 to February 2023, L * dumped a total of more than 130 tons of wastewater, which was identified as dangerous and toxic substances, causing environmental damage of 6,057,690 yuan. After the incident, the company actively restored the environment to meet standards. After M * was arrested, his family entrusted a lawyer to defend him.Yuan HangThe lawyer's defense.

II. The focus of the case

  • Focus 1: The responsibility boundaries of the main responsible persons of the unit.Whether M某 truly allowed the crime to happen and the extent of his involvement in the case are key factors in determining his sentencing.
  • Focus II: How to integrate minor offenses.The circumstances such as confessing, admitting guilt and accepting punishment, being a first-time offender, actively repairing the environment, and facing family difficulties need to be systematically demonstrated and explained.
  • Focus 3: Conditions for the application of probation.Can the considerations of subjective malignancy, low social danger, and protecting private enterprises support probation?

III. Professional intervention by Hengluo Law Firm

The suspect claimed that:M某 and his family hope to receive lenient treatment and be granted probation; they argue that M某 had no subjective intent, played a minor role in the crime, actively repaired the environment, was a first-time offender, and came from a special family background.

The position of the prosecution (public prosecution organ):The public prosecution organ believes that M*, as the main responsible person of the company, violated national regulations by entrusting others to dispose of hazardous waste without qualifications, causing serious environmental pollution with aggravating circumstances, and constituted the crime of polluting the environment, and requests punishment for him.

Hengluo Lawyer's Agency Opinion:Yuan HangThe lawyer put forward five defense arguments: First, although M * committed the crime, he has multiple mitigating and extenuating circumstances. The company has actively repaired the environment, eliminated the impact, and M *'s father is seriously ill, his mother is seriously ill, and his children are young; Second, M * had no subjective intent, played a minor role, did not obtain illegal benefits, and his participation could be replaced; Third, M * admitted his guilt and signed a plea agreement; Fourth, M * is crucial to the company's development, and his detention would disrupt the company's operations. Therefore, it is recommended to impose a probation sentence on him; Fifth, M * has always been a good person and is a first-time offender. Based on these arguments, the lawyer requested that M * be sentenced to probation.

  • Investigation stage: The procuratorate accepted the lawyer's opinion and changed the compulsory measures against M* to bail pending trial
  • Trial stage: Defend again based on the plot of confessing, pleading guilty and accepting punishment, being a first-time offender, and actively repairing the environment
  • In light of the criminal policy of combining leniency with severity, we request that you give us a chance to correct our mistakes and start anew

IV. Outcome of the case

The court accepted it.Yuan HangThe lawyer's defense opinion holds that M*, as the main responsible person of the company, violated national regulations, knowingly entrusted others to dispose of hazardous waste without qualifications, seriously polluted the environment, and the circumstances were serious, constituting the crime of polluting the environment; but considering that M* truthfully confessed after being arrested, actively participated in environmental restoration, was a first-time offender, and voluntarily pleaded guilty and accepted the punishment, in accordance with Article 338 and Article 67 of the Criminal Law of the People's Republic of China, M* was sentenced to fixed-term imprisonment of three years and probation of three years, and fined 15,000 yuan.

5. Henglu Law Firm's Reminder

Companies must dispose of industrial wastewater in accordance with the law during their production and operation. Entrusting unqualified third parties to dump hazardous waste may constitute a crime of polluting the environment. This case was handled by Beijing Hengluo Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acted as the defender and, relying on Articles 338 and 67 of the Criminal Law, secured a suspended sentence for the client.

VI. Common Questions about Cases Involving Environmental Pollution FAQ

  1. Q: Will companies be sentenced to prison for illegally discharging wastewater?
    A: If someone violates national regulations by discharging or dumping toxic substances, causing serious environmental pollution, they may be guilty of the crime of polluting the environment, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
  2. Q: Under what circumstances can a person be sentenced to probation for committing a crime of polluting the environment?
    A: If the defendant admits his/her guilt, pleads guilty and accepts the punishment, is a first-time offender, actively restores the environment, and has a low degree of subjective malice, he/she may be eligible for probation.
  3. Q: Who is responsible if hazardous waste is disposed of by an unqualified entity on behalf of others?
    A: If the principal responsible person of the unit knowingly entrusts others to dispose of the waste without qualifications and causes serious environmental pollution, he/she shall bear criminal responsibility according to law.
  4. Q: Can actively repairing the environment help reduce the punishment?
    A: Actively repairing the environment and eliminating its impact are important mitigating circumstances, which can help to secure a lenient sentence or probation.
  5. Q: When do Beijing criminal lawyers get involved in environmental pollution cases?
    A: Intervene as early as possible in the investigation stage, meet with the client in time, submit bail and defense opinions, and lay the foundation for subsequent probation.