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, conducted public first-instance sentencing for 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in the Ecological Chemical Industrial Park of Xiangshui County, Yancheng City, Jiangsu Province—whose business license was revoked following the accident (hereinafter referred to as Tianjiayi Company)—spontaneously ignited due to the continued accumulation and rise in temperature.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, and for a prolonged period stored and disposed of nitration waste in violation of the law. The company’s management was chaotic, constituting the primary cause of the accident. The principal person in charge of Tianjiayi Company was appointed by its controlling shareholder, Jiangsu Nijiaxiang Group Co., Ltd. (hereinafter referred to as Nijiaxiang Group), and major business and operational decisions required the approval and authorization of Nijiaxiang Group. Nijiaxiang Group and Tianjiayi Company jointly decided to carry out unlawful acts; in pursuit of the group’s own interests, they approved the commissioning of the m‑phenylenediamine production line and the nitration section despite the company’s inadequate technology and equipment. 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 an appropriate disposal plan, thereby allowing Tianjiayi Company to illegally store hazardous materials. This ultimately resulted in serious casualties and substantial property damage. Accordingly, Nijiaxiang Group, the group itself, and the relevant persons responsible 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 severe environmental pollution with particularly grave consequences; the persons 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 environmental protection department, as well as from the Xiangshui County emergency management and environmental protection departments, failed to conscientiously implement applicable laws and regulations, resulting in severe deficiencies in routine supervision and lax scrutiny during the resumption-of-production acceptance process. Such dereliction of duty constituted a significant 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 state officials concerned should all bear corresponding criminal liability.

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

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 former and current chairman, general manager, and legal representative of the group, 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 to six years, together with fines, for the crimes of illegal storage of hazardous substances and environmental pollution.

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, the 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 were each sentenced to fines ranging from RMB 1 million to RMB 100,000. Yang Haojie, deputy director of the laboratory at the Yancheng Environmental Monitoring Center, along with 21 other persons held accountable, were sentenced to fixed-term imprisonment for terms ranging from four years to nine months, and were also fined. Sun Feng, former director of the Xiangshui County Emergency Management Bureau, and 14 other state functionaries were convicted of dereliction of duty and bribery, receiving fixed-term prison sentences ranging from seven years and six months to three years and three months; some of them were additionally fined. Furthermore, nine individuals, including Sun Feng, were found guilty of 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