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convicted criminalcivil offences for severely damaging flood control wall
[2019-03-04]

People's Court of Qingpu District, Shanghai Municipality (hereinafter referred to as Qingpu District Court) held a public hearing on the case of intentional destruction of property by the defendant Li Zhuang, who is also the defendant in incidental civil public interest litigation. After the trial, Li Zhuang was sentenced to three years' imprisonment and a suspended sentence of four years on charges of intentional destruction of property. He shall also compensate the State for repairing the destroyed flood control wall, totaling RMB 622,733.28 yuan.

 

[Case Review]

From 2003 to March 11, 2017, Li Zhuang illegally occupied an embankment to store sandstone materials, installed without authorization cranes, wagon balances and other equipment for lifting and weighing sandstones and stacked them inside the flood control wall in that area. Due to concentrated and large-scale stacking exceeding the limit of bearing capacity of the site foundation and under the influence of vehicles, working equipment and other dynamic loads, the embankment slope slid towards the river and the foundation soil of the embankment was acutely disturbed. As a result, the flood control wall foundation in the affected area leaned towards the center of the river, and the flood control wall suffered from severe subsidence. On top of that, the ground behind the wall collapsed and there were many cracks on it. Stacking materials, to-and-fro of vehicles, and wharf equipment operations behind the flood control wall, as well as illegal berthing, mooring and loading & unloading of ships in front of the wall caused damages to about 66.7m-long flood control wall. Later, Shanghai Qingpu Water Conservancy Facility Engineering Co., Ltd repaired the damaged areas, incurring an actual cost of RMB 715,733.28 yuan.

The defendant Li Zhuang voluntarily called the police and confessed the above-mentioned facts truthfully. During the court hearing, Li Zhuang paid part of the cost of repairing the damaged flood control wall, which totaled RMB 93,000 yuan.

Public prosecution organ held that Li Zhuang, the defendant, shall be investigated for criminal responsibility for intentional destruction of public and private property in a huge amount. As he surrendered himself and confessed to his crime truthfully, a lighter punishment may be given. The prosecutor in criminal and civil public interest lawsuit held that Li Zhuang's illegal occupation of embankment caused damages to the flood control wall and seriously impaired the state interests and public interests; the actual repair cost was 715,733.28 yuan; Li Zhuang was requested to pay the remaining repair cost of the flood control wall totaling 622,733.28 yuan.

Li Zhuang and his attorney had no objection to the facts and charges made by the public prosecution organ, and the attorney suggested that the court give a lighter punishment and apply a suspended sentence on the grounds that the defendant was a first offender who surrendered himself and demonstrated certain repentance. As to the incidental civil action, Li Zhuang and his litigant agent had no objections.

 

[Case Study]   

After the trial, Qingpu District Court held that Li Zhuang's intentional destruction of public and private property caused huge losses and constituted the crime of intentional destruction of property, therefore he should be punished according to the law. Given that Li Zhuang surrendered himself and confessed to his crime truthfully, a lighter punishment may be given in accordance with the law. The court confirmed the criminal charges brought by the public prosecution organ against Li Zhuang and their opinions on Li Zhuang's voluntary surrender. As to the attorney's suggestion that the court give a lighter punishment and apply a suspended sentence on the grounds that the defendant was a first offender who surrendered himself and demonstrated certain repentance, it tallied with the established facts and thus was adopted by the court according to the law.

In view of the fact that Li Zhuang's illegal occupation of embankment caused damages to the flood control wall and infringed upon the state and public interests, he shall bear the civil tort liability according to the law. The claim of the prosecutor in criminal and civil public interest lawsuit that Li Zhuang shall pay the repair cost of the damaged flood control wall was in line with the law and thus supported by the court.

 

[Relevant Laws]

1. Criminal Law of the People's Republic of China

Article 275 Whoever intentionally destroys or damages public or private money or property, if the amount involved is relatively large or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, or criminal detention or be fined; if the amount involved is huge, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 67 Voluntary surrender refers to the act of voluntarily delivering oneself up to justice and truthfully confessing one's crime after one has committed the crime. Any criminal who voluntarily surrenders may be given a lighter or mitigated punishment. The ones whose crimes are relatively minor may be exempted from punishment.

...

Article 72 Where a convict sentenced to criminal detention or imprisonment of not more than 3 years meets the following conditions, a probation may be announced, and a probation shall be announced if he is under the age of 18, is pregnant or attains the age of 75:

(1) The circumstances of the crime are minor;

(2) He shows repentance;

(3) He is not likely to commit any offense again; and

(4) Announcing the probation will not have any major adverse impact on the community where he lives.

...

2. General Principles of the Civil Law of the People's Republic of China

Article 73. State property shall be owned by the whole people.

State property is sacred and inviolable, and no organization or individual shall be allowed to seize, encroach upon, privately divide, retain or destroy it.

3. Property Law of the People's Republic of China

The real rights of the state, the collectives and private persons, as well as the real rights of other rights holders, are protected by law, and no entity or individual may infringe on such rights.

4. Flood Control Law of the People's Republic of China

Article 61 Any violator of this Law who damages, occupies or destroys embankments, sluices, bank revetments, pumping stations, drainage systems or other flood control works, or hydrological or communications facilities, or stand--by apparatuses or materials for flood control shall be ordered to stop the illegal act, take remedies and may be concurrently fined not more than RMB 50, 000 yuan. If damage has been caused, the violator shall bear civil liability according to law. Should an administrative penalty be given, the Regulations on Administrative Penalties for Public Security shall apply. If a crime has been constituted, criminal liability shall be investigated according to law.

5. Tort Law of the People's Republic of China

Article 6 One who is at fault for infringement upon a civil right or interest of another person shall be subject to the tort liability.

...

Article 15 The methods of assuming tort liabilities shall include:

...

6. compensation for losses;

...

 

(Author: Wang Cong, People's Court of Qingpu District, Shanghai Municipality)

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