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People v. Li Fakui, Li Chengkui, Li Xiangkui, Su Zhengxi, Su Qiangquan and Deng Kaixing (crimes of illegal trading and storage of explosives, illegal mining, major labor safety accident, failure to report a safety accident, and offering bribes)
李发奎、李成奎、李向奎、苏正喜、苏强全、邓开兴非法买卖、储存爆炸物,非法采矿,重大劳动安全事故,不报安全事故,行贿案
【法宝引证码】

People v. Li Fakui, Li Chengkui, Li Xiangkui, Su Zhengxi, Su Qiangquan and Deng Kaixing (crimes of illegal trading and storage of explosives, illegal mining, major labor safety accident, failure to report a safety accident, and offering bribes)
(crimes of illegal trading and storage of explosives, illegal mining, major labor safety accident, failure to report a safety accident, and offering bribes)
李发奎、李成奎、李向奎、苏正喜、苏强全、邓开兴非法买卖、储存爆炸物,非法采矿,重大劳动安全事故,不报安全事故,行贿案
People v. Li Fakui, Li Chengkui, Li Xiangkui, Su Zhengxi, Su Qiangquan and Deng Kaixing
(crimes of illegal trading and storage of explosives, illegal mining, major labor safety accident, failure to report a safety accident, and offering bribes in connection with the “7.14” extraordinarily serious accident at the Lijiawa Coal Mine in Wei County, Hebei Province)
 

李发奎、李成奎、李向奎、苏正喜、苏强全、邓开兴非法买卖、储存爆炸物,非法采矿,重大劳动安全事故,不报安全事故,行贿案

(1) Basic Facts (河北蔚县李家洼煤矿“7.14”特别重大事故)
Defendant: Li Fakui, male, Han ethnicity, born on May 30, 1971, Party branch secretary of Dongzhai Village, Nanliuzhuang Town, Wei County, Hebei Province, shareholder of Lijiawa Coal Mining Co. Ltd. in Wei County, and investor in the new vertical shaft of Lijiawa coal mine. (一)基本案情
Defendant: Li Chengkui, male, Han ethnicity, born on January 28, 1963, legal representative and shareholder of Lijiawa Coal Mining Co. Ltd. in Wei County, and investor in the new vertical shaft of Lijiawa coal mine. 被告人李发奎。
Defendant: Li Xiangkui, male, Han ethnicity, born on December 1, 1964, shareholder of Lijiawa Coal Mining Co. Ltd. in Wei County, and investor in the new vertical shaft of Lijiawa coal mine. 被告人李成奎。
Defendant: Su Zhengxi, male, Han ethnicity, born on October 19, 1953, chief of Songxi Well 2 coal mine in Wei County. 被告人李向奎。
Defendant: Su Qiangquan, male, Han ethnicity, born on January 27, 1977, operating chief of the new vertical shaft of Lijiawa coal mine in Wei County. 被告人苏正喜。
Defendant: Deng Kaixing, male, Han ethnicity, born on October 7, 1969, manager of the contractor to the new vertical shaft of Lijiawa coal mine in Wei County. 被告人苏强全。
1. Facts on the illegal trading and storage of explosives: The new vertical shaft of Lijiawa coal mine was not approved under legal procedures, but Li Fakui, Li Chengkui and other persons illegally purchased explosives and detonators for production. In March and April 2008, Su Zhengxi informed Li Fakui that explosives and detonators were needed, and Li Fakui arranged for Su Zhengxi to contact Wei Manrong (handled in a separate case) to illegally purchase 3 tons of explosives and 3,500 detonators. Subsequently, Li Fakui and Su Zhengxi also illegally purchased 3 tons of explosives and 5,000 detonators from Liu Chengsheng (handled in a separate case). At 9:30 a.m. on July 14, 2008, the explosives illegally stored in the new vertical shaft spontaneously combusted and caught fire, leaving 34 people dead and one person missing. 被告人邓开兴。
2. Facts on the illegal mining: In November 2004, Li Fakui, Li Chengkui and Li Xiangkui, without obtaining a mining permit, built a new vertical shaft of Lijiawa coal mine located at the east wing of Xixizhuang Well Field, Baicaocun Township, Wei County and mined illegally. In the interim, by forging agreements and other means, they refused to obey orders from the relevant government authorities requiring cassation of mining. From 2007 to 2008, Su Zhengxi and Su Qiangquan respectively served as the operating chief of the new vertical shaft. Deng Kaixing served as the manager of the contractor, responsible for coal mining and safety management, when his brother Deng Kaicai (handled in a separate case) contracted coal mining of the new vertical shaft. After evaluation, from June 2006 when coal was first mined in the new vertical shaft to July 2008, a total of 114,600 tons of coal worth 24,001,800 yuan was illegally extracted from the new vertical shaft. 1、关于非法买卖、储存爆炸物事实:因李家洼煤矿新立井无合法手续,被告人李发奎、李成奎等非法购买炸药、雷管用于生产。2008年3、4月份,被告人苏正喜告知李发奎需购买炸药、雷管,李发奎安排苏正喜通过魏满荣(另案处理)联系非法购买炸药3吨、雷管3500枚。之后,李发奎、苏正喜又向刘成生(另案处理)非法购买炸药3吨、雷管5000枚。2008年7月14日9时30分,新立井井下非法存放的炸药自燃起火,造成34人死亡、1人失踪。
3. Facts on the major labor safety accident: Li Fakui, Li Chengkui, Li Xiangkui, Su Qiangquan and Deng Kaixing, knowing that the new vertical shaft was a one-hole shaft and its facilities and conditions for safety production failed to meet state provisions, conducted production operations. At 9:30 a.m. on July 14, 2008, the explosives stored in the shaft thermally decomposed in the humid environment and consequently spontaneously combusted, which produced a large amount of carbon monoxide, nitrogen oxide and other toxic and hazardous substances, leaving 34 people dead and one person missing, as well as direct economic loss of 19,243,800 yuan. 2、关于非法采矿事实:2004年11月,被告人李发奎、李成奎、李向奎未取得采矿许可证,在蔚县白草村乡西细庄井田东翼建成李家洼煤矿新立井擅自采矿。其间,被政府相关部门责令停止采矿时采取伪造假协议等手段拒不执行。2007年至2008年,被告人苏正喜、苏强全分别担任新立井经营矿长;被告人邓开兴在其兄邓开才(另案处理)承包新立井采煤期间担任包工队经理,负责采煤和安全管理工作。经评估,新立井从2006年6月出煤至2008年7月期间共盗采煤炭11.46万吨,价值人民币2400.18万元。
4. Facts on the failure to report a safety accident: After the aforesaid safety accident occurred, Li Fakui, Li Chengkui, Li Xiangkui, Su Zhengxi, Su Qiangquan and other persons failed to report to the relevant authorities and organized a blind rescue by themselves, causing derivative mine accidents. In order to cover up the accident, they also transferred 28 bodies to the funeral home of Yangyuan County, Hebei Province for cremation, closed the wellhead involved in the accident, dismantled and moved the headframe and other equipment, tampered with the underground and surface of the accident site, and destroyed the account books, technical data and so on of the new vertical shaft. 3、关于重大劳动安全事故事实:被告人李发奎、李成奎、李向奎、苏强全、邓开兴明知新立井是独眼井,安全生产设施、安全生产条件均不符合国家规定,仍从事生产作业。2008年7月14日9时30分,该井井下存放的炸药在潮湿环境下热分解,形成自燃,燃烧产生大量一氧化碳、氮氧化合物等有毒有害物质,造成34人死亡、1人失踪,直接经济损失1924.38万元。
5. Facts on offering bribes: From 2006 to July 2008, to seek illegal benefits, Li Fakui, Li Chengkui and Li Xiangkui respectively bribed many state officials several times, amounting to 761,300 yuan. 4、关于不报安全事故事实:上述安全责任事故发生后,被告人李发奎、李成奎、李向奎、苏正喜、苏强全等人未向有关部门上报,自行组织人员盲目施救,造成次生矿难事故。为隐瞒事故,又安排将其中28具死亡人员的尸体转移到河北省阳原县殡仪馆火化,并封闭事故井口,拆毁、转移井架等设备,破坏井下及地面事故现场,销毁新立井帐本和技术资料等。
(2) Judgment 5、关于行贿事实:2006年至2008年7月,被告人李发奎、李成奎、李向奎为谋取不正当利益,分别多次向多名国家工作人员行贿,共计价值人民币76.13万元。
The Intermediate People's Court of Zhangjiakou City, Hebei Province, the court of first instance, in its judgment and the Higher People's Court of Hebei Province in its review ruling held that: Li Fakui, Li Chengkui, Su Zhengxi, and other persons illegally purchased and stored explosives and detonators, causing serious consequences and with serious circumstances, and should be guilty of the crime of illegal trading and storage of explosives. Li Fakui, Li Chengkui, Li Xiangkui, Su Zhengxi, Su Qiangquan and Deng Kaixing, in violation of mineral resources regulations, mined illegally without a mining permit and refused to obey orders requiring cessation of mining, causing serious damage to mineral resources, and should be guilty of the crime of illegal mining. Li Fakui, Li Chengkui and Li Xiangkui, knowing that the facilities and conditions for safety production of the mine shaft failed to meet state provisions, organized miners to conduct production in the shaft and caused heavy casualties, and with the egregious circumstances, should be guilty of the crime of major labor safety accident. After the safety accident occurred, Li Fakui, Li Chengkui, Li Xiangkui, Su Zhengxi, and Su Qiangquan cooperated each other to conceal the truth of the accident and consequently mishandled the rescue of the accident, and with the extraordinarily serious circumstances, should be guilty of the crime of failure to report a safety accident. In order to obtain illegal benefits, Li Fakui, Li Chengkui and Li Xiangkui jointly or separately offered money and property to many state officials several times and should be guilty of the crime of offering bribes. Li Fakui played a principal role in the crimes of illegal trading and storage of explosives, illegal mining, major labor safety accident, failure to report a safety accident, and offering bribes and should assume the primary liability. Li Chengkui played a secondary role compared with Li Fakui in the commission of the crime of illegal trading and storage of explosives and may be given a lighter punishment in accordance with law; but should assume the primary liability in other crimes. Li Xiangkui, Su Zhengxi, Su Qiangquan and Deng Kaixing played a secondary role compared with Li Fakui and Li Chengkui in the commission of the crimes. Su Qiangquan may be given a lighter punishment in accordance with law due to his voluntary surrender. In accordance with law, Li Fakui was sentenced to the death penalty with a two-year suspension and the deprivation of political rights for life for the crime of illegal trading and storage of explosives; was sentenced to imprisonment of five years and a fine of 10 million yuan for the crime of illegal mining; was sentenced to imprisonment of seven years for the crime of major labor safety accident; was sentenced to imprisonment of five years for the crime of failure to report a safety accident; and was sentenced to imprisonment of two years for the crime of offering bribes. After joinder of punishment for plural crimes, Li Fakui was sentenced to the death penalty with a two-year suspension, the deprivation of political rights for life and a fine of 10 million yuan. Li Chengkui was sentenced to life imprisonment with the deprivation of political rights for life for the crime of illegal trading and storage of explosives; was sentenced to imprisonment of seven years and a fine of 15 million yuan for the crime of illegal mining; was sentenced to imprisonment of seven years for the crime of major labor safety accident; was sentenced to imprisonment of five years for the crime of failure to report a safety accident; and was sentenced to imprisonment of three years for the crime of offering bribes. After joinder of punishment for plural crimes, Li Chengkui was sentenced to life imprisonment with the deprivation of political rights for life and a fine of 15 million yuan. After joinder of punishment for plural crimes or imposition of a separate penalty, Su Zhengxi, Li Xiangkui, Su Qiangquan and Deng Kaixing were respectively sentenced to imprisonment of 17 years with the deprivation of political rights for three years and a fine of 1 million yuan; imprisonment of six years and a fine of 5 million yuan; imprisonment of three years and a fine of 500,000 yuan; and imprisonment of two years and six months and a fine of 100,000 yuan.好饿但是不想动 (二)裁判结果北大法宝
 河北省张家口市中级人民法院一审判决、河北省高级人民法院复核裁定认为,被告人李发奎、李成奎、苏正喜等非法买卖、储存炸药、雷管,造成严重后果,情节严重,构成非法买卖、储存爆炸物罪;被告人李发奎、李成奎、李向奎、苏正喜、苏强全、邓开兴违反矿产资源法规,未取得采矿许可证擅自采矿,被责令停止开采而拒不执行,造成矿产资源严重破坏,构成非法采矿罪;被告人李发奎、李成奎、李向奎明知矿井安全生产设施和安全生产条件不符合国家规定,仍然组织矿工进行井下生产作业,造成重大伤亡事故,情节特别恶劣,构成重大劳动安全事故罪;被告人李发奎、李成奎、李向奎、苏正喜、苏强全在安全事故发生后,分工负责,相互配合,隐瞒事故真相,贻误事故抢救,情节特别严重,构成不报安全事故罪;被告人李发奎、李成奎、李向奎为谋取不正当利益,共同或单独多次给予国家工作人员钱物,构成行贿罪;被告人李发奎在非法买卖、储存爆炸物、非法采矿、重大劳动安全事故、不报安全事故、行贿犯罪中起主要作用,应承担主要责任。被告人李成奎在非法买卖、储存爆炸物罪具体实施中作用次于李发奎,可依法从轻处罚;在其它犯罪中应承担主要责任。被告人李向奎、苏正喜、苏强全、邓开兴在犯罪中地位、作用次于李发奎、李成奎。被告人苏强全有自首情节,依法从轻处罚。依法对被告人李发奎以非法买卖、储存爆炸物罪判处死刑,缓期二年执行,剥夺政治权利终身;以非法采矿罪判处有期徒刑五年,并处罚金人民币1000万元;以重大劳动安全事故罪判处有期徒刑七年;以不报安全事故罪判处有期徒刑五年;以行贿罪判处有期徒刑二年,决定执行死刑,缓期二年执行,剥夺政治权利终身,并处罚金人民币1000万元。对被告人李成奎以非法买卖、储存爆炸物罪判处无期徒刑,剥夺政治权利终身;以非法采矿罪判处有期徒刑七年,并处罚金人民币1500万元;以重大劳动安全事故罪判处有期徒刑七年;以不报安全事故罪判处有期徒刑五年;以行贿罪判处有期徒刑三年,决定执行无期徒刑,剥夺政治权利终身,并处罚金人民币1500万元。对被告人苏正喜、李向奎、苏强全、邓开兴数罪并罚或单处后,决定执行刑罚分别为有期徒刑十七年,剥夺政治权利三年,并处罚金人民币100万元;有期徒刑六年,并处罚金人民币500万元;有期徒刑三年,并处罚金人民币50万元;有期徒刑二年六个月,并处罚金人民币10万元。
 

     
     
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