Crime of major safety accident in Zhang Ziwu project
Criminal judgment in the first instance
Wuda Wuhai District People's court
Case number: (2016) the first 0304 of the 193 penalties
Public prosecution organ, Wuda District, Wuhai people's procuratorate.
Defendant Zhang Ziwu, male, born in February 3, 1984, citizen identity card number × × ×, the Han nationality, college culture, former China Chengda Engineering Corporation of public works to the drainage chamber of professional group assistant engineer, now the Department of Sichuan science and technology limited company designer Carson, live in Sichuan city of Chengdu province Jinjiang District.
On suspicion of major safety accident project, the Wuhai Public Security Bureau was released on bail in November 25, 2015.
Defending Li Xing, he is a lawyer at Beijing de Heng (Chengdu) law firm.
Counsel Huang Qiongyao is a lawyer from Beijing de Heng (Chengdu) law firm.
Wuhai city Wuda District People's Procuratorate to Ukraine district public prosecution of criminal procedure 2016 No. 177, the indictment accused the defendant Zhang Ziwu guilty of engineering major safety accident crime, on 16 November 2016, the prosecution, the court shall apply the ordinary procedure, public hearing of the case.
Wu Xiaohua, a prosecutor appointed by the people's Procuratorate of Wuda District, Wuhai, came to court to support the prosecution, and the defendant Zhang Ziwu and his defender appeared in court.
The case has now been brought to an end.
Wuhai city Wuda District People's Procuratorate charged China Chengda Engineering Corporation (hereinafter referred to as Chengda) as a design unit, in violation of state regulations, reduce the project quality standards, resulting in major production safety accidents, especially serious consequences.
The defendant Zhang Ziwu as the designer, directly responsible for the occurrence of the accident, their behavior violated the "People's Republic of China criminal law" the 137th regulation, should be based on the engineering major safety accident crime shall be prosecuted for criminal responsibility.
After the defendant Zhang Ziwu brought to justice, truthfully confessed his crimes, frankly, according to the "People's Republic of China criminal law," the provisions of the third paragraph of the sixty-seventh can be lighter punishment.
It is suggested that the defendant should be sentenced to five years and seven years in the term of imprisonment for Zhang Ziwu, and the punishment shall also be imposed.
The defendant Zhang Ziwu and his defenders have no objection to the accusation and the facts of the crime of the public prosecution organ, but have no objection to the sentencing suggestion of the public prosecution organ.
Its defense opinion is
1, the prosecution accused the defendant Zhang Ziwu in violation of the "petrochemical enterprise design fire code" of the relevant provisions of the provisions of the provisions of the country.
2, the accident occurred in the case of more than one result, the accident investigation report issued by the Wuhai municipal Safety Supervision Bureau submitted to the extended period, and no investigation team members signed, the evidence is flawed.
The report also found that the defendant Zhang Ziwu should bear the main responsibility for the accident.
3, the defendant Zhang Ziwu by the public security organs summons, active custody, truthfully confessed his behavior, the Department of surrender.
4, this case is due to negligent negligence crime, the defendant subjective malignant small. And the defendant Zhang Ziwu first offense, Oufan, attitude is also good, the usual good performance.
In conclusion, this case has legal mitigated punishment and discretionary lighter punishment of the plot, suggested the defendant Zhang Ziwu a mitigated punishment and probation.
After hearing that, in April 30, 2009, Inner Mongolia Chengda Company contracted to Dongyuan science and Technology Company Limited (hereinafter referred to as the Dongyuan science and Technology) 60 thousand tons of 1,4- butanediol (BDO) engineering design project device and supporting utilities and auxiliary facilities.
In February 2013, the project of Chengda water reuse device and the common auxiliary facilities to the drainage of the underground pipe network design work undertaken by the defendant Zhang Ziwu.
The defendant Zhang Ziwu in the underground pipe network design, according to the design conditions for the six overflow line leading to the drainage system in the flow chart to the piping layout change to the sewage system, but did not fully consider the change of security risks may exist in the original process flow chart.
19 October 7, 2014 1, Dongyuan science and technology is the construction of the BDO project of reclaimed water plant two building exploded, killing 3 people, 2 people injured, 4 people were slightly injured, back part of the equipment with water room and workshop is damaged, the direct economic losses of about 7 million 436 thousand yuan of the major production safety.
Identified by the accident investigation group to investigate the establishment of the Wuhai Municipal Administration of work safety, the accident happened because of the combustible gas underground sewage duct of methane and hydrogen gas through 6 overflow pipe playing is construction of reclaimed water plant, long time accumulation and reaches the explosion limit, when the operator turned on the light switch ignition by gas space the explosion.
The defendant Zhang Ziwu design in violation of relevant provisions of the "code for fire protection design of petrochemical enterprises", without identification of dangerous and harmful factors, will lead to six overflow pipeline rainwater system change to the sewage system, and not in the six or the overflow pipe overflow pipe water blocking device design collection etc. on the main, directly responsible for the occurrence of of the accident.
Another investigation, after the accident, the defendant Zhang Ziwu summons by the public security organs, from the field of active questioning, and truthfully confessed his behavior.
The fact that a defendant Zhang Ziwu's residence certificate, justice case, production safety accident investigation report and other documentary evidence, corpse forensic book, Hu, Gumou et al and the testimony of the defendant Zhang Ziwu's confession and other evidence is documented.
These evidentiary materials have been subject to trial, confrontation and court review and are admissible.
The facts of this case are clear and the evidence is true and sufficient to be sure.
The court held that Chengda Company as a design unit, in violation of state regulations, reduce the project quality standards, resulting in major production safety accidents, especially serious consequences.
The defendant, Zhang Ziwu, as a designer, is directly responsible for the accident, and the criminal responsibility of the defendant Zhang Ziwu shall be investigated in the case of major safety accident.
The public prosecution charges that the defendant Zhang Ziwu committed the crime of major safety accident in the project, and the facts are clear and the evidence is true and sufficient, and the court will support it.
With regard to the defendant's view that the defendant Zhang Ziwu's act did not violate the state's opinions, the court held that the defendant Zhang's behavior was illegalThe "People's Republic of China Construction Law" seventy-third article on ” design standard architectural design unit is not in accordance with the construction project quality and safety, shall be ordered to make corrections, and impose a fine; cause the engineering quality accident, shall be ordered to suspend business, reduce the level of qualification or revoke the qualification certificate, confiscate the illegal income, and impose a fine; if losses are caused, compensation responsibility; constitute a crime, shall be investigated for criminal responsibility in accordance with the provisions of ” therefore to counsel, the opinion of the court shall not be accepted.
About the counsel that the defendant Zhang Ziwu has surrendered the plot, the court held that the defendant Zhang Ziwu summons by the public security organs, from the field of active questioning, and truthfully confessed his behavior should be identified as surrender, so the views of counsel of the court shall be adopted, can reduce the punishment of the defendant Zhang Ziwu according to law.
Counsel that the defendant Zhang Ziwu has discretionary extenuating circumstances, the Court adopted, sentencing consideration.
According to defendant Zhang Ziwu's plot of crime and repentance, the court decided to apply probation and community correction according to law.
In accordance with the provisions of the first, 134th and sixty-seventh paragraphs of article seventy-second of the criminal law of the People's Republic of China, the following are decided as follows
The defendant Zhang Ziwu guilty of engineering major safety accident crime, sentenced to three years imprisonment, suspended for three years, and fined 100000 yuan (calculated, the probation period from the date of the judgment in the penalty decision within ten days after the commencement of a one-time payment).
If the judgment is not satisfied, the court may appeal directly to the intermediate people's Court of Wuhai within ten days from the second day of the receipt of the written judgment.
If a written appeal is made, one original and three copies of the appeal shall be submitted.
Presiding judge Li Guangqing
Judge Wu Junyi
Acting judge Ai Zhijie
Two years, 17 years, February 13th
Clerk Gao Wei











The professional person in charge usually needs a registered engineer to sign the drawings. Without discipline, not Cheng Fangyuan. The so-called compound design quality is high, not by the strength of individuals, but the power of the system. Design Institute has a complete set of rules and regulations, to ensure that the quality of the design does not change because of changes in post personnel.
As a system of design institutes, it is generally necessary to implement the system of "three schools of second instance". That is, the design of the school from the school, self trial; proofreading proof; audit review. One drawing shall be signed by at least 3 persons, so as to guarantee the quality of the design. Each of them is responsible for the position he is in, and takes the money for the position.
Design positions include: designers, professional leaders, proofreading, reviewers, etc., and the reviewer is usually administrative. The responsibilities of each post are as follows:
I. professional responsible person
The director and chief engineer under the leadership of the college dean and chief engineer in project leadership, with the person in charge of the project to organize and coordinate the work of the professional design, quality and progress of the professional design, technology, responsible. Its main responsibilities are:
1., under the leadership of the project leader, according to the design phase of the schedule control plan, the development of the professional design progress schedule and design tasks division of labor, after the director of the room after the approval of the implementation.
2. should be familiar with the relevant laws and regulations of the profession. Collect, analyze and design data, conduct the professional program and preliminary design, and take full responsibility for the program and technology of the major. The program and preliminary design should be reported to the auditor and, if necessary, to the room technical meeting, and the hospital level project will be discussed at the technical meeting of the hospital. And implemented in the follow-up phase.
3., responsible for writing programs and preliminary design documents. Major should be written in civil air defense, fire protection, environmental protection, energy saving and other special articles.
4., seriously study the program, preliminary design stage approval opinions. And the approval opinions are implemented one by one. If there are any problems in the implementation, the project leader shall report the approval to the relevant department concerned and have written approval opinions. Fill in the examination and approval opinions and records carefully.
5., construction drawings phase, to further solve the technical problems of the profession. Coordinate the conflicts among different majors and be responsible for the summary of each stage. Timely and actively request the relevant professional, and provide the necessary information to the relevant professional in written or graphic form. The information should be signed and signed by the person in charge.
6. organize and guide the professional designer and drawing personnel to do the construction drawing design. Compile the unified technical regulations and drawings catalogue of this project. To coordinate and solve problems, to supervise the professional design, drawing carefully from calculations and drawings, provide quality shots. The person in charge shall inspect the design documents of the design and drafting personnel and submit them to the proof reader after the quality symbols are required. The poor quality of the calculations and drawings should require the designer to modify and then proofread.
7. check whether the proof reader is in place and write the record of school record. When there are no major problems, the auditor shall be audited. After proofreading, review, modify by the designer together.
8. self-assessment of the quality of the design of the profession. Responsible for filing professional design documents.
9., before construction, to the construction unit design disclosure. Do well site service in construction work. Responsible for the change, supplementary drawings. Take part in the final acceptance. Be responsible for Archive Construction Stage discussions in the design documents.
10. according to the arrangement of the room and the engineering team, make a return visit and design summary.
11. on the technical issues, there are contradictions and audit opinion, the audit report should listen to the views, when necessary to the total room, which discuss the decision.

Two 、 Designer
Technically、Design and accept the guidance and arrangement of the professional responsible person, responsible for my design progress and quality. The main responsibilities are:
1. make the design schedule according to the arrangement of the person in charge, and finish the design task on time.
2., seriously study and design the basic data, understand the design intention, grasp the design standards, do a good job in the part of the project design, solve technical problems.
In accordance with the provisions of this unified calculation technology of 3. engineering design, the calculation is accurate, meet the professional quality requirements of calculations. Whether hand or electricity, the design of the calculation results should be accurate, safe, economic and reasonable responsible.
4. construction drawing stage, under the leadership of the professional leader, is responsible for solving the part of the work relationship, to other professional conditions, participate in each stage summary. Construction drawings should meet the requirements of the design depth, reasonable structure. The drawings are compact, clear, neat and readable.
5. calculations, drawings carefully from the school, improve the quality of people shot, responsible for proofreading, professional people, people put forward the views of audit should be carefully revised, and the school record written opinions.
6., according to the design documents filing requirements, tidy up design documents, more professional responsible person filing.
7., with the professional responsible person to do a good job of design disclosure, to participate in site services.
8., drawings of construction practice and graduation practice students painting drawings, designers seriously proofreading, cross proof proofreading.
9. responsible for the quality of design documents, drawings, quality and calculation according to the principles set by the higher authorities;
10. responsible for the coordination of the work done with other majors;
11. of the people, the audit and check people disagree, have the right to request a further division until the arbitration, still have different opinions on the final decision of arbitration, can keep the record, but must be performed;
12., the design of the work due to non compliance with the quality of the accident, the main responsibility, should promptly report to the higher authorities, analysis of the causes, lessons learned, inspection.
Three, proof reader
Under the direction of the professional leader, he is responsible for the quality of the finished product to be verified. The main responsibilities are:
1. finish proofreading tasks drawings, calculations.
2. the proof reader should look at the drawings and materials of the relevant types of work. The items that have been checked should conform to the requirements of the specifications, procedures and technical measures. Calculations, drawings, instructions without errors and omissions. According to the audit principle for the professional drawings, calculations, checking the design basis, calculation method and surface quality data and correct the responsibility;
3. fill in the school record. When signing the chart, pay attention to the design person's opinion. In case of technical disagreement, the person in charge shall decide.
4., if the design documents are not uniform, the problem is too many, through the professional responsible person has the right to return to the design, re - revision, proofreading. The problems found in the proofreading are entitled to ask the designer to revise and have the right to refuse the signature without modification;
5. the work of checking and proofreading shall not be in conformity with the provisions of the first, but shall bear the same responsibility as the designer, except in the case of a major quality accident other than the principles prescribed by the higher level, and shall be assisted by the designer for examination and treatment.
Four 、 auditor
1., the auditor should be in place at all stages of design, participation in the program, important technical issues of discussion, review and decision-making.
Plan stage: review the design conditions and the documents of the competent department is complete, and comply with national regulations, norms. Excellence goals and measures of the design guidelines, excellence project guidance. Analyze and compare each proposal and recommend the proposal.
Preliminary design stage: research plan approval opinions, in the program adjustment and in-depth solution of technical problems in the process, timely guidance, suggestions, and participate in the discussion decision-making. We should pay more attention to the opinions of professional leaders in general technical matters, and should give guidance to important technical problems before.
Construction stage: research preliminary design approval opinions and the competent departments for fire, air defense, environmental protection and other special articles review opinions, and the project leader, professional leaders jointly study and implement. Where it can not be implemented, the solution should be studied, reported to the relevant departments, implemented and filed. The technical problems that need to be solved in the construction drawing stage are guided and audited.
2. Responsible for the quality of finished product and design documents at each design stage.
Check whether the person in charge of the profession and the proof reader are in place. Check the record of school record. In the course of the audit, if found that proofreading is not in place, have the right to return to school. Those who have less experience should be guided and assist in proofreading.
3. Review the design documents at all stages. The finished product conforms to “ the specification for the depth of architectural engineering design documentation ”. The finished product shall comply with the approved design task book and comply with the requirements of the regulations, specifications and procedures formulated by the state (including the region where it is located). Approval opinions have been implemented and implemented. The plans, technical problems and constructional measures at various stages have been fully implemented in the construction drawings. In the design of human self calibration, reader proofreading, comprehensive review of design documents are complete, accurate calculations; drawings; check whether standard map. Write the audit record sheet.
Five. The authorized person
The responsible person is responsible for the quality of the finished product from the administrative leadership of the institute or the office. The following should be reviewed with emphasis:
1, design documents are complete, whether in line with state policies and regulations?. Are the examination and approval documents of the competent departments complete?. Are the approval opinions carefully implemented and documented?.
2, the key technical issues, such as the architectural scheme and the new materials and technologies used in the major, should be examined and approved in the fields of innovation in the major.
3, check the quality of finished product design: the project leader, professional responsible person, proofreading, audit is in place, the school record is complete. Whether the calculation, drawing quality in accordance with the provisions of relevant quality management institute.
4. Check whether the posts in the drawing sign line conform to the technical requirements of the registered architect and the technical posts determined by the institute.
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