Unlike the crime of air pollution and the crime of water pollution, in this crime the offender only performs the objective act of burying or discharging toxic substances into the ground.
Toxic substances buried or discharged into the soil are substances that are identified as toxic substances before being buried or discharged into the soil, not substances that decompose into toxic substances after being buried or discharged into the soil.
The toxic substances that the offender buries or discharges into the ground are organic or inorganic substances identified by competent authorities as toxic substances such as chemicals containing toxins, radioactive substances, pesticides, contaminated animals and plants that have not been treated by competent health authorities or buried not in accordance with regulations of the epidemiological agency...
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b. Consequences
Consequences are a mandatory sign of this crime. If the act of polluting the land has not caused serious consequences, the person who committed that act is not yet criminally responsible for this crime. Depending on the case, they may be subject to administrative sanctions. If they have been administratively sanctioned but intentionally fail to take remedial measures according to the decision of the competent authority and cause serious consequences, then they will be prosecuted for criminal liability.
As with some other crimes, while no guidance has been given
then maybe
Refer to Circular
No. 02/TTLT-TANDTC-VKSNDTC-BCA-
BTP dated December 25, 2001 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security and the Ministry of Justice guiding the application of a number of provisions in Chapter XIV of the 1999 Penal Code to determine serious consequences caused by acts of land pollution.
c. Other objective signs
As well as for air pollution and pollution crimes
water source, for this crime, the legislator also stipulates other objective signs, which are: standards allowing toxic substances to be buried or discharged into the ground. Exceeding the permitted standards constitutes a crime.
become a crime. This standard is approved by the Ministry of
Science, Technology
and Lips
Regulations issued together with Decision No. 229-QD/TDC dated March 25, 1995 (TCVN 5941-1995 on soil quality standards)
In addition to the above signs, the law also stipulates the sign of "not real".
take remedial measures as decided by the competent authority.
Similar to the crime of air pollution and water pollution, if after being administratively sanctioned, the person who caused land pollution takes remedial measures according to the decision of the competent authority but serious consequences still occur, he/she is not considered to have committed a crime.
4. Subjective signs of crime
Same thing
like
for air pollution and air pollution
Water pollution, the person who commits the act of violating the law causing land pollution is intentional, although at first the act of burying or discharging toxic substances into the land exceeding the permitted standards may have been unintentional, but because there are competent agencies
The authority required remedial measures to be taken but deliberately failed to do so, causing serious consequences.
love
B. SPECIFIC CRIMINAL CASES
The specific cases of land pollution are similar to the specific cases of air pollution and water pollution in terms of the factors that determine the penalty, the type of penalty, and the level of penalty. The additional penalty is a fine prescribed in Clause 4, Article 184, which is lower than the fine prescribed in Clause 4, Article 182 and Clause 4, Article 183 of the Penal Code, which is from five million to fifty million VND, not from ten million to one hundred million VND. Therefore, it can be considered that the cases of
Specifically for the crime of causing air pollution analyzed above are also the
specific crime
body
for the crime of causing land pollution as prescribed in
Clause 1, Clause 2, Clause 3 and Clause 4, Article 184 of the Penal Code.
4. CRIME OF IMPORTING TECHNOLOGY, MACHINERY, EQUIPMENT, WASTE OR SUBSTANCES THAT DO NOT MEET ENVIRONMENTAL PROTECTION STANDARDS
Article 185. Crime of importing technology, machinery, equipment, waste or substances that do not meet environmental protection standards
1. Anyone who imports or permits the import of technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste that do not meet environmental protection standards, has been administratively sanctioned for this act but still violates it causing serious consequences, shall be subject to a fine of from ten million to one hundred million Dong, non-custodial reform for up to three years or imprisonment from six months to three years.
2. Crimes with very serious consequences shall be punished by imprisonment from two to seven years.
3. Crimes causing particularly serious consequences shall be punished by imprisonment from five to ten years.
4. The offender may also be fined from five million to fifty million VND, banned from holding positions, practicing a profession or doing certain jobs from one to five years.
Definition : Import of technology, machinery, equipment , waste or
Substances that do not meet environmental protection standards are acts of importation.
Import or permit the import of technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste that do not meet environmental protection standards.
A. BASIC SIGNS OF CRIME
1. Signs belonging to the subject of the crime
The subject of this crime is both a special subject and not a special subject.
Is a special subject if it is an act of allowing import, because only those who have positions and authority in allowing the import of technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste can allow the import.
Not the owner
body
especially if it is a direct import act
Technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste, because people without positions or authority can still perform them.
People from
14 years old or older
up but not enough
16 years old only
must bear
Criminal liability for this crime falls under the provisions of Clause 3 of the law; persons aged 16 years or older shall bear criminal liability for this crime regardless of which provisions of the law they fall under. However, the subjects of this crime are mostly adults.
Offenders shall only be prosecuted for criminal liability if the act of importing or permitting the import of technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste that do not meet environmental protection standards has been administratively sanctioned but is still violated.
2. Signs belonging to the object of the crime
Unlike the crimes stipulated in Articles 182, 183 and 184 of the Penal Code, the subject of this crime is the State's regulations on environmental protection in general, not just a specific field.
Subjects of impact include technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste from foreign countries into Vietnam.
3. Objective signs of crime
a. Objective behavior
The offender may commit one of two objective acts
after:
regime
- Import of technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste
not meet environmental protection standards
The act of importing in this crime is not smuggling, but the import is permitted by the Ministry of Trade (with quota) of imported goods of the correct type, quantity, and quality but does not ensure environmental protection standards, and is not permitted by the State agency for environmental protection. This is also a sign to distinguish the act of importing technology, machinery, equipment, biological products, and chemical products.
Other chemicals, toxic substances, radioactive substances or waste that do not meet environmental protection standards with acts of smuggling or tax evasion.
- Importing technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste that do not meet environmental protection standards.
The act of allowing import is not an intentional violation of State regulations on economic management or a lack of responsibility or complicity in smuggling, but only a violation of regulations on environmental protection.
market. When importing technology, machinery, equipment, and processes,
Biological products, other chemical products, toxic substances, radioactive substances or waste must require the importer or the State agency for environmental protection to inspect and determine whether or not they agree.
If the competent authority granting quotas for the import of technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste has requested the importer to seek permission from the State environmental protection agency for consideration but the State environmental protection agency ignores or agrees to the import, the quota grantor shall not be responsible but the State environmental protection agency shall be responsible.
b. Consequences
The consequences of this crime are also mandatory signs of the crime's composition, if importing or allowing the import of technology, machinery, equipment, biological products, other chemical products, toxic substances,
radioactive
or waste
discharge not meeting protection standards
environment
If the act of importing or allowing the import of goods has not yet caused serious consequences, the person who imports or allows the importation is not considered to have committed a crime but, depending on the case, may be subject to administrative sanctions according to the provisions of law.
The determination of the world
what is the consequence
serious, can refer
Circular No. 02/TTLT-TANDTC-VKSNDTC-BCA-BTP dated December 25
2001 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security and the Ministry of Justice guiding the application of a number of provisions in Chapter XIV of the 1999 Penal Code
c. Other objective signs
In addition to objective behavior and consequences, for this crime, the legislator also stipulates another objective sign: technology, machinery, equipment, biological products, other chemical products, toxic substances,
radioactive
or waste
Waste imported into our country is not guaranteed.
environmental protection standards
Basis for determining technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste
Waste imported into our country does not meet environmental protection standards.
The environment is the provisions of the Law on Environmental Protection and other documents.
instructions or regulations of the Ministry of Science, Technology and Environment.
4. Subjective signs of crime
Although the text of the law does not specifically stipulate, based on objective behavior and other objective signs, it can be determined that the person who committed this crime did so intentionally.
If there is a basis to determine that the importer or the person who allows the import does not know or cannot know that the technology, machinery, equipment, biological products, other chemical products, toxic substances, radioactive substances or waste do not meet environmental protection standards, he/she will not be considered to have committed a crime, but depending on the case, he/she may be subject to administrative violations or disciplinary action.
B. SPECIFIC CRIMINAL CASES
Although the criminal acts, subjects of the offense as well as the nature of this crime are different from the pollution crimes stipulated in Articles 182, 183 and 184 of the Penal Code, the specific criminal cases of the crime of importing technology, machinery, equipment, waste or substances that do not meet environmental protection standards are similar to the specific criminal cases of the crime of causing pollution stipulated in Articles 182, 183 and 184 of the Penal Code in terms of both the circumstances that are factors in determining the penalty framework, the type of penalty as well as the penalty level. Therefore, it is possible to consider the specific criminal cases of the crime of causing air pollution analyzed above as also the specific criminal cases of the crime of importing technology, machinery, equipment, waste or substances that do not meet environmental protection standards.
environmental protection prescribed in Clause 1, Clause 2, Clause 3 and Clause 4 of Article
185 Criminal Code.
5. CRIME OF SPREADING DANGEROUS DISEASES TO HUMANS
Article 186. Crime of spreading dangerous epidemics to people
1. Anyone who commits one of the following acts that spreads dangerous diseases to people shall be sentenced to imprisonment from one to five years:
a) Remove from epidemic areas animals, plants, animal products, plants or other items that are capable of transmitting dangerous epidemics to humans;
b) Bringing into or allowing to be brought into Vietnam animals, plants or animal or plant products that are infected with diseases or carry dangerous pathogens that can be transmitted to humans;
c) Other acts that spread dangerous diseases to people.
2. Committing a crime with very serious or especially serious consequences
serious, shall be sentenced to imprisonment from five years to twelve years.
3. The offender may also be fined from ten million to one hundred million Dong, banned from holding positions, practicing a profession or doing certain jobs from one to five years.
Definition : Spreading dangerous epidemics to humans is the act of removing from an epidemic area animals, plants , animal products, plants or other items capable of transmitting dangerous epidemics to humans; bringing into or allowing into Vietnam animals, plants or animal products, plants infected with diseases or carrying dangerous pathogens capable of transmitting to humans or committing other acts that spread dangerous epidemics to humans.
A. BASIC SIGNS OF CRIME
1. Signs belonging to the subject of the crime
Owner
body
of this crime is both the owner and the
special body but not
must be a special subject.
Is a special subject in the case of a person who allows the import into Vietnam of animals, plants or animal or plant products that are
infected or carrying dangerous pathogens that can be transmitted to others
people, because only people with positions and authority can have power
“allow”. The remaining cases are not special subjects.
People from
14 years old or older
up but not enough
16 years old only
must bear
Criminal responsibility for this crime falls under the provisions of Clause 2 of the law; persons aged 16 years or older shall bear criminal responsibility for this crime regardless of the provisions of any clause of the law.
2. Signs belonging to the object of the crime
The crime of spreading dangerous epidemics to people is a crime that violates the safety of life and health of the community. Different from other crimes of
directly infringing on human life and health as prescribed in
Chapter XII of the Penal Code. Spreading dangerous epidemics to people.
just like
is a potential risk
hidden danger to life and health
of many people.
The objects of this crime are animals, plants, and products.
animal, plant or animal products or articles that have been contaminated with a disease that is capable of spreading to humans.
Animals are birds, mammals, poultry, shrimp, fish, insects... generally called sentient and self-moving creatures;
Animal products are foods made from animals or in general
otherwise products of animal origin such as: Animal meat,
animal bones, milk, other parts taken from animals…
Plants are trees, roots, tubers, flowers, leaves, fruits, seeds... Plant products are products processed from plants to make food for people and livestock or to serve consumption and scientific research such as: cooking oil, juices squeezed from fruits.
Other items are objects that carry germs and the disease is
epidemic
the ability to spread to humans
packaging of products
products made from animals and plants.
3. Objective signs of crime
a. Objective behavior