The country's largest case of smuggling waste powder paint sentenced 11 defendant units to a fine of 33 defendants were sentenced

China Paint Network
News:
by the Supreme People's Procuratorate, the General Administration of Customs, the country's largest smuggled waste
sumed powder coatings
case on the morning of June 1 in Nanjing Intermediate People's Court, Jiangsu Province, the first instance judgment: Yangzhou City Julan powder
coatings
Co., Ltd. and other 11 defendant units were sentenced to 700,000 yuan to 100,000 yuan in fines; The 33 defendants, including Qian Zhihong, were sentenced to prison terms ranging from nine years to one year and fined between $600,000 and $30,000. The court found that between August 2009 and July 2013, the defendant unit Yangzhou City Julan Powder Coatings Co., Ltd. and other 6 units, Cai Hua and other 14 defendants, contact, purchase foreign enterprises in the production, use of waste, expired powder coatings shipped to the country (border) processing, sales; Through the defendant unit Shanghai United King International Logistics Co. , Ltd. and other 5 cargo forwarding companies and Qian Zhihong and other 7 defendants agent import customs clearance business, jointly conceal from the customs the true situation of imported waste powder paint waste, and use different commodity names to declare imports, evade customs supervision, smuggling import countries prohibited imports of waste powder paint. In this process, some of the above-mentioned agent waste powder paint import customs clearance business defendant units, defendants also directly from outside the country (border), purchase waste powder paint or mutual agent import customs clearance business, smuggling import countries prohibited imports of waste powder paint to the country (border) processing, sales, a total of about 24049 tons. The court heard that the defendant unit Yangzhou City Julan Powder Coatings Co. , Ltd. and other 11 units, Qian Zhihong and other 33 defendants, for profit purposes, to conceal from the customs the import of waste powder coating is the true properties of waste, evade customs supervision, the country (border) outside the solid waste transport into the country, their acts have constituted the crime of smuggling waste, are particularly serious circumstances. The court rendered the above-mentioned judgment on the basis of the facts, nature, circumstances and degree of harm to society of the accused. Judge's statement:
the trial judge Zhong Xinxin accepted a reporter's interview after thesentence. She said the crime of smuggling waste was an environmental criminal offence. In recent years, new types of environmental criminal offences have been emerging, the number of cases has been increasing, some developed countries and regions continue to smuggle waste to China, in order to transfer domestic and regional pollution, pollution harm to China's environment, by criminal means to crack down on the crime of smuggling waste is urgent. There are two points of contention in this case: first, whether the items involved in the case are waste and whether the act constitutes a crime. Zhong Xinxin believes that from the point of view of the re-use of the goods involved in the social harm, it should belong to the solid waste prohibited by the state. Witness Liu Zexuan's testimony proves that waste powder paint is socially harmful. His testimony was witnessEd by witness Xu Binxuan, Xu Zhenhe on waste powder coating treatment and identification report on "sample burn residue composition and content containing chlorine, sulfur trioxide and other toxic and harmful substances" mutually confirmed, and the defendant Gong Yuehua, Cai Hua and many other defendants confessed in court, for imported waste powder paint can not be used in the waste, generally by incineration. Therefore, the goods involved in the process of reuse there is a great social harm, it should belong to the state prohibited the import of solid waste category. At the same time, from the price of the goods involved in the case also confirmed that it belongs to the state prohibited the import of solid waste. Due to the high cost of treating solid waste, there is a phenomenon of the transfer of solid waste from developed countries to other regions in practice. Several defendants in this case confessed in court to prove that the waste powder paint involved in the case is mostly from the country (border) garbage collectors, its import prices are generally low, and even the phenomenon of foreign gifts, so the waste customs price is significantly lower than the normal commodity prices. Secondly, with regard to the subjective meaning of the accused, I do not know whether the crime can be established. Zhong Xinxin believes that Article 5 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the General Administration of Customs on Certain Questions of the Law Applying to the Handling of Smuggling Criminal Cases stipulates: "On the subjective and deliberate identification of suspected smuggling suspects and defendants." If the actor knows that his act violates the laws and regulations of the state, evades customs supervision, evades the taxable amount of goods or articles entering or leaving the country, or evades the prohibited management of the state on entry and exit, and hopes or allows the result of the harm to occur, he shall be deemed to have the subjective intent of smuggling. The 'knowing' in the subjective intent of smuggling means that the actor knew or should have known that the act he was engaged in was an act of smuggling. "In this case, each defendant has provided false contracts, invoices, certificates and other commercial documents, with significantly lower than the normal price of powder paint into (out) the goods involved in the case, the freight forwarding companies with significantly higher than the normal agent fees agent into (out) business behavior, and the defendant Gong Yuehua has been because of Smuggling waste powder paint, defendant Qian Zhihong has been subject to administrative punishment for understated price behavior, and the defendants have no evidence that they were deceived, so the defendants in this case should be found to be subjectively aware that the goods involved in the case are waste powder paint, is the state prohibited from importing solid waste. As mentioned earlier, from the point of view of evidence, the defendants and their respective defenders claim that the defendant subjectively unknown agent smuggling imported goods involved in the case is waste powder paint defense, defense opinions have no factual basis, do not accept.