Lawyer Gao Peng insisted on pleading not guilty, and after three years, the defendant was finally exempted from criminal punishment

2022 02/11

Recently,Mr.Diao Chenglu,the director of Beijing Gaopeng(Yangzhou)Law Firm,and Mr.Bian Wenbin,the director of Beijing Gaopeng(Taizhou)Law Firm,represented a Yangzhou technology industry Co.,Ltd.and Mr.Xu in the case of environmental pollution crime.After three years,they have been involved in the whole process of lawyers,obtained evidence from multiple parties,and consulted with relevant experts on professional issues.They have promptly submitted their lawyer's opinions and evidentiary materials,and strived to be reasonable during the court session,After communicating with the presiding judge for many times,the party concerned was eventually exempted from criminal punishment after obtaining a guarantor pending trial.

In May 2018,the Yangzhou Supervision Team of the"Waste Removal Action 2018"of the Ministry of Ecology and Environment of the People's Republic of China inspected and found environmental pollution in a plastic processing plant in the Yangzhou Development Zone,and seized 42.665 tons of hazardous waste oily waste plastic bags.After investigation,the oily waste plastic bag was used by a technology and industry limited company in Yangzhou to package the production waste that was treated after the workpiece was soaked in oil.In June 2018,the Development Zone Branch of Yangzhou Public Security Bureau filed a case for investigation.In March 2019,the investigation of the Development Zone Branch of Yangzhou Public Security Bureau was completed and transferred to the People's Procuratorate of Hanjiang District,Yangzhou City for review and prosecution.In October 2019,the Hanjiang District Procuratorate of Yangzhou City prosecuted Lin,the operator of a plastic processing factory in Yangzhou Development Zone,Xu,the deputy general manager of Yangzhou Technology Industry Co.,Ltd.,Guo,the director of the manufacturing department,and Tao,Bao,who purchased waste plastic bags from a Yangzhou Technology Industry Co.,Ltd.for the crime of polluting the environment.Diao Chenglu,the director of Beijing Gaopeng(Yangzhou)Law Firm,served as the defender of Xu,and Bian Wenbin,the director of Beijing Gaopeng(Taizhou)Law Firm,served as the defender of a technology industry limited company in Yangzhou.He undertook the entire process of the case from the investigation stage of the public security organ to the end of the trial in the People's Court.

During the investigation stage of the public security organ,the defender went to the location of the Zhilong Plastic Processing Plant in Yangzhou Development Zone to conduct on-site investigation,obtain a geographical aerial photo of the community,learn about the situation from the local residents,make conversation notes,assist the parties in properly disposing of oily waste plastic bags and compensate for emergency treatment fees,communicate with the police responsible for the investigation organ for many times,and handle bail pending trial for the parties.

During the prosecution phase of the procuratorate's review,the defender collected evidence and sent the oily waste plastic bags from a technology and industry limited company in Yangzhou to a professional organization for testing the content of heavy metals,demonstrating whether the oily waste plastic bags belong to the hazardous wastes listed in the National Hazardous Wastes List,and communicated with the prosecutor for many times,submitting the Legal Opinion on Agency Complaints and Supplementary Agency Opinions,We firmly believe that a certain technology and industry company in Yangzhou should not be an accomplice in the crime of environmental pollution committed by Zhilong Factory.As the deputy general manager of the company,Xu should not be investigated for criminal responsibility,and we propose not to prosecute this case.

During the trial stage of the People's Court,due to the complexity of the case and the requirements for epidemic prevention and control,the trial of this case was suspended twice.The defender went to the Rugao Municipal People's Court for hearings three times in November 2019,November 2020,and November 2021.The defender uses the evidence materials collected during the investigation stage and the review and prosecution stage to demonstrate the facts,and combines the provisions of relevant laws and regulations to determine whether the oily waste plastic bags belong to hazardous waste,whether the facts and evidence are sufficient,whether a certain technology and industry company in Yangzhou and its deputy general manager Xu have criminal intent to pollute the environment Conduct on-site cross-examination and demonstration of the"Environmental Damage Assessment and Appraisal Opinions"issued by the Environmental Science Research Institute of Nanjing University,and fully defend the case in combination with the positive and timely measures taken by a Yangzhou Science and Technology Industry Co.,Ltd.after the incident,taking the initiative to bear the disposal costs,and committing to contribute to the restoration of the ecological environment.On November 30,2021,the People's Court of Rugao City issued a judgment of first instance,exempting a certain technology industry limited company in Yangzhou and Xu from criminal punishment.The case was successfully concluded.

Criminal defense lawyers not only handle cases but also other people's lives.People are good at their work,and Gao Peng's lawyer is always on the road.

(This article is translated by software translator for reference only.)