On September 28, China’s judicial document website issued a final ruling on a scaffold collapse accident
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On January 2, 2019, a scaffold collapse accident occurred in Wuyue square, Huaian ecological new town, Jiangsu Province
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Three people fell from four floors, resulting in two deaths and one injury
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Zhou Xiuming, the former leader of the inner frame work team of Changzhou qianyili construction services Co., Ltd., was released on bail on August 14, 2019 on suspicion of committing the crime of major accident
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The original judgment: Zhou Xiuming was sentenced to two years’ imprisonment and three years’ probation for the crime of major accident
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Zhou Xiuming appealed that he was threatened by his boss Wu Dongsheng to carry out the construction
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The original sentence was too heavy and he asked for exemption from criminal punishment
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Final ruling: during the trial of this court, the appellant and his defenders did not submit new evidence
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Zhou Xiuming, knowing the relevant safety management regulations of cantilever beam formwork construction, still arranged workers to carry out illegal construction
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The appeal was dismissed and the original sentence upheld
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This ruling is final
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▏ the original text is as follows: Jiangsu Province Huai’an City Intermediate People’s court criminal ruling (2020) Su 08 Xing Zhong No
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168, the former public prosecution organ of Jiangsu Province Huai’an Economic and Technological Development Zone People’s Procuratorate
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The appellant (defendant in the original trial) Zhou Xiuming, male, born on November 5, 1975 in Tongren City, Guizhou Province, Han nationality, junior high school education, former leader of inner frame work team of Changzhou qianyili construction labor Co., Ltd., lives in Jiangkou County, Tongren City, Guizhou Province
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He was released on bail on August 14, 2019 for the crime of major accident
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The defenders are Zhang Jing and Zhang Hui, lawyers of Jiangsu Xianming law firm
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The people’s Court of Huai’an Economic and Technological Development Zone of Jiangsu Province tried the case of Zhou Xiuming, the defendant who was prosecuted by the people’s Procuratorate of Huai’an Economic and Technological Development Zone of Jiangsu Province, who committed the crime of major responsibility accident
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On July 10, 2020, the people’s Court of Huai’an Economic and Technological Development Zone of Jiangsu Province made (2020) criminal judgment NO.67 of Su 0891
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After the sentencing, Zhou Xiuming, the defendant of the original trial, was not satisfied and appealed
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After accepting the case, the court formed a collegial panel in accordance with the law
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After reviewing the papers, interrogating the appellant, listening to the opinions of the defenders, and considering that the facts are clear, the court decided not to hold a hearing
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The trial is now concluded
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The original judgment found that: around December 20, 2018, the cantilever beam bottom formwork was set up at the 22-26 axis cantilever beam of the cinema mezzanine (sixth floor) of No
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13 Building of Wuyue square construction site in Huaian ecological culture and Tourism District, and Zhou Xiuming, the carpenter defendant of Changzhou qianyili construction services Co., Ltd
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(leader of the inner frame shift), violated the unified standard for safety technology of construction scaffolds gb51210-2016, and the standard for safety technology of construction scaffolds According to the mandatory provisions of jgj130-2011 “safety technical code for steel tubular scaffold with couplers”, the workers are instructed to fix the formwork support of cantilever beam on the inner vertical pole of external scaffold, and use the inner vertical pole of scaffold as the formwork support of cantilever beam, which is mixed with external scaffold
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At about 18:00 on January 2, 2019, the construction unit Changzhou Zhongda Construction Engineering Co., Ltd
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arranged the concrete team to carry out the cantilever beam concrete pouring at the 22-26 axis of the interlayer (sixth floor) of the cinema
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At about 19:40, when the cantilever beam pouring was about to be completed, the cantilever beam support frame and external scaffold collapsed suddenly, resulting in three concrete pouring workers, Bai and Li, standing on the outermost arc cantilever beam Chen and Hu fell to the ground from a height of about 26 meters, causing the death of the victims Bai and Chen and the injury of Hu
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After identification, Hu’s body was slightly injured
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The defendant Zhou Xiuming voluntarily surrendered and truthfully confessed the facts of the crime
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In addition, it was found that Changzhou Zhongda Construction Engineering Co., Ltd
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compensated the economic losses of the close relatives of the victims Bai and Chen, and compensated the economic losses of the victims Hu
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Zhou Xiuming, the defendant, had no objection to the above facts during the trial, and was confirmed by the testimony records of witnesses Hu, Ma Guosheng, Zhou Wenzhong, Wu Dongsheng, etc., death accident handling agreement, death certificate, death identification, compensation agreement, scene photos, investigation report and case solving process
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The court of first instance held that the defendant Zhou Xiuming violated the safety management regulations in production and operation, causing two deaths and one minor injury, which constituted the crime of major accident
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Zhou Xiuming, the defendant, voluntarily surrendered himself and truthfully confessed his criminal facts, and was given a lighter punishment according to law; his unit compensated the economic losses of the victim and his close relatives, and was given a lighter punishment as appropriate
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Zhou Xiuming, the defendant, pleaded guilty and repented
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He could apply the probation according to the law instead of harming the society
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In accordance with the provisions of the first paragraph of Article 134, the first paragraph of Article 67, the first paragraph of Article 72 and the second and third paragraphs of Article 73 of the criminal law of the people’s Republic of China, Zhou Xiuming is sentenced to two years’ imprisonment and three years’ probation for the crime of major accident
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Zhou Xiuming appealed that he was threatened by his boss Wu Dongsheng to carry out the construction
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The original sentence was too heavy and he asked for exemption from criminal punishment
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His defenders have no objection to the charges determined by the court of first instance, but think that Wu Dongsheng should also be investigated for criminal responsibility
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Zhou Xiuming has the circumstances of voluntary surrender, positive compensation and other lighter punishment, and requests that he be exempted from criminal punishment
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The facts found by the court after trial are consistent with the original judgment, and the evidence has been listed in the original judgment
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All of them have been cross examined by the court, and have the force of proof, which is confirmed by the court
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During the trial in this court, the appellant and his defenders did not submit new evidence
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According to the relevant opinions of the appellant Zhou Xiuming and his defenders that he only carried out illegal construction under the threat of Wu Dongsheng, after investigation, Zhou Xiuming did not put forward the defense of illegal construction under the threat of Wu Dongsheng from the investigation stage to the original trial, and the defense could not be confirmed by other evidence in the case
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Therefore, the relevant opinions have no factual basis and are not accepted in this case
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The court held that the appellant Zhou Xiuming violated the relevant safety management regulations during the operation, resulting in a serious casualty accident, resulting in two deaths and one minor injury, and his behavior constituted the crime of major accident
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On the basis of accurately determining the facts of the crime, the court of first instance determined the lighter circumstances of the appellant according to law, and the sentence was not improper
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Zhou Xiuming, knowing the relevant safety management regulations of cantilever beam formwork construction, still arranges workers to carry out illegal construction, causing two deaths and one minor injury, which is not a minor crime
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The opinions of the appellant and his defenders on his exemption from criminal punishment are groundless in law and will not be accepted by this court
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To sum up, the facts in the original judgment are clear, the evidence is true and sufficient, the nature is accurate, and the sentencing is appropriate
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In accordance with Article 236 (1) (1) of the criminal procedure law of the people’s Republic of China, the ruling is as follows: reject the appeal and maintain the original judgment
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This ruling is final
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Chief judge Feng Xu Judge Li Yide judge Hu Lifang September 23, 2002 clerk Wang muying template and scaffold engineering safety special construction scheme compilation guide and case analysis (including CD-ROM) China Construction Industry Press price: 78 yuan discount price: 72 yuan publication date: 2013.1 this book is mainly based on the actual situation of the construction site of the construction project《 It is compiled on the basis of regulations on safety production management of construction engineering, measures for safety management of divisional and subdivisional works with dangerous traps (JZ [2009] No
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87) and current national standards and specifications, combined with the construction characteristics of divisional and subdivisional basic items with high risk in formwork engineering and the working experience of the editor.
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