In the first-instance verdict of the massive explosion case in Xiangshui, Jiangsu, which left 78 dead, seven organizations and 53 individuals were sentenced.

On November 30, the Intermediate People’s Court of Yancheng City, Jiangsu Province, together with its seven subordinate primary people’s courts in Xiangshui, Sheyang, Binhai, and other counties, delivered first-instance public verdicts in 22 criminal cases related to the devastating March 21 explosion at Jiangsu Tianjiayi Chemical Co., Ltd. Seven corporate defendants and 53 individual defendants were sentenced in accordance with the law.

At approximately 2:48 p.m. on March 21, 2019, nitration waste that had been illegally stored for an extended period at Tianjiayi Chemical Co., Ltd., located in the Ecological Chemical Industrial Park of Xiangshui County, Yancheng City, Jiangsu Province—whose business license was revoked following the accident (hereinafter referred to as Tianjiayi Company)—spontaneously ignited due to the continued accumulation and rise in temperature. The ensuing combustion triggered an explosion of the nitration waste, resulting in 78 fatalities, 76 severe injuries, and 640 hospitalizations, with direct economic losses totaling RMB 1,986.3507 million.

The court, after trial, found that Tianjiayi Company disregarded national laws and regulations on environmental protection and workplace safety, systematically storing and disposing of nitration waste in violation of the law for an extended period, while its internal management was chaotic—these factors were the primary causes of the accident. The principal responsible person at Tianjiayi Company was appointed by its controlling shareholder, Jiangsu Nijiaxiang Group Co., Ltd. (hereinafter referred to as Nijiaxiang Group), and major operational and managerial decisions required the approval and authorization of Nijiaxiang Group. Nijiaxiang Group and Tianjiayi Company jointly made unlawful decisions; in pursuit of the group’s own interests, they approved the commissioning of a m‑phenylenediamine production line and a nitration unit despite inadequate technology and equipment at Tianjiayi Company. Knowing full well that the nitration waste was toxic, flammable, and explosive, and that its storage location failed to meet safety requirements, they nevertheless failed to strengthen safety management, did not prevent the large‑scale, illegal storage of such waste, nor did they propose any reasonable disposal plan, thereby allowing Tianjiayi Company to illegally store hazardous materials. This ultimately resulted in severe casualties and substantial property damage. Accordingly, Nijiaxiang Group, the group itself, and the relevant persons in charge at Tianjiayi Company should bear criminal liability for the consequences of the accident in accordance with the law. Furthermore, Tianjiayi Company violated state regulations by illegally incinerating hazardous waste, causing serious environmental pollution with particularly grave consequences; the individuals involved should be held criminally liable in accordance with the law. In addition, Zhang Qinyue, the former general manager and legal representative of the company, offered bribes to state functionaries in order to secure improper benefits for his organization, and he too should bear corresponding criminal liability.

It was further ascertained that six intermediary agencies, including the Yancheng Environmental Monitoring Center, engaged in fraud and issued false and inaccurate reports, thereby preventing the timely identification of the serious risks and potential hazards associated with Tianjiayi Company’s nitration waste. This interference misled and impeded the regulatory oversight efforts of the relevant authorities. Furthermore, personnel from the Yancheng municipal environmental protection department, as well as from the Xiangshui County emergency management and environmental protection departments, failed to conscientiously implement applicable laws and regulations, exhibited severe deficiencies in routine supervision, and exercised lax scrutiny during the review and acceptance process for resuming production, constituting dereliction of duty and serving as a key contributing factor to the accident. In addition, certain state officials were found to have accepted bribes. The implicated intermediary agencies, their responsible individuals, and the relevant state officials should all bear corresponding criminal liability.

The court, taking into account the facts, circumstances, harmful consequences, the respective roles and positions of each defendant unit and individual in the joint crime, as well as whether they surrendered themselves, pleaded guilty, and accepted punishment, rendered first-instance judgments in accordance with the law.

Zhang Qinyue, former general manager and legal representative of Tianjiayi Company, was convicted of the crimes of illegal storage of hazardous substances, environmental pollution, and corporate bribery. His suspended sentence was revoked, and he was sentenced to a total term of twenty years’ imprisonment, with deprivation of political rights for five years and a fine of RMB 1.55 million (the same currency applies hereinafter), to be served concurrently with his prior conviction for environmental pollution.

The Ni Jiaxiang Group was sentenced to a fine of RMB 20 million for the crime of illegally storing hazardous substances. Wu Yuezong and Ni Chengliang, the group’s former and current chairman, general manager, and legal representative, were each sentenced to fixed-term imprisonment of twelve and thirteen years, respectively, and were also deprived of their political rights.

Yang Gang, former deputy general manager of Tianjiayi Company, and Geng Hong, the company’s safety director and chief engineer, along with two other individuals, were sentenced to fixed-term imprisonment ranging from nine years to six years, and fined, for the crimes of illegally storing hazardous substances and polluting the environment.

Tao Zaiming, the former deputy general manager of the company, director of the nitration workshop, and legal representative, along with one other individual, were each sentenced to eight years and six years’ imprisonment, respectively, for the crime of illegally storing hazardous substances.

Zhang Huidé, the operator of the local loading and unloading service department that assisted Tianjiayi Company in illegally storing nitration waste, was convicted of the crime of illegal storage of hazardous substances. His suspended sentence was revoked, and he was sentenced to a total term of four years’ imprisonment, to be served concurrently with his previous conviction.

Jiang Lihua, former head of the Safety Department at Tianjiayi Company, along with five safety officers, were each sentenced to fixed-term imprisonment ranging from five years to one year and six months on charges of committing a major work safety accident.

The Yancheng Environmental Monitoring Center and five other intermediary agencies were convicted of the crime of providing false certification documents or issuing certification documents containing material inaccuracies, and each was sentenced to fines ranging from RMB 1 million to RMB 100,000. Yang Haojie, deputy director of the Yancheng Environmental Monitoring Center’s laboratory, along with 21 other persons held accountable, were sentenced to fixed-term imprisonment for terms ranging from four years to nine months, and also fined, on charges of providing false certification documents or issuing certification documents containing material inaccuracies. Sun Feng, former director of the Xiangshui County Emergency Management Bureau, and 14 other state functionaries were sentenced to fixed-term imprisonment for negligence of duty and bribery, with terms ranging from seven years and six months to three years and three months; some of them were additionally fined. Furthermore, Sun Feng and eight others committed both offenses and were subject to concurrent sentencing in accordance with the law.

The court finds that the criminal facts alleged by the public prosecution are clear, and the evidence is solid and sufficient to establish the charges. The court has duly accepted the justifications and defense arguments advanced by the defendant corporation, the defendant, and their defense counsel, which have been verified as true and supported by law.

Following the sentencing, the vast majority of the defendants, including Zhang Qinyue, pleaded guilty and expressed remorse in court, stating they would not appeal.

Source: AgroPages Chinese Website