China Fujian, China released guidelines for handling environmental pollution crime related to hazardous waste

On March 12, 2021, Fujian Provincial Department of Ecology and Environment, the Department of Public Security and the People’s Procuratorate jointly released the “Guidelines for Handling Environmental Pollution Crime Cases Related to Hazardous Waste”. The Guidelines were released for handling environmental pollution crime cases more effectively. The main contents are as following.

Subdividing survey focus in accordance with site categories

The Guideline defines the main areas of investigation as sources of pollution, routes of pollutant transport, and locations of contaminated ecological environment. Also, the Guideline subdivides site category into illegal dumping or discharge of hazardous wastes, illegal treatment of hazardous wastes, businesses generating hazardous wastes, and businesses licensed to handle hazardous wastes ,etc. And clearly define the investigation focus for each situation.

Strengthening investigation by using the latest technologies

The use of new technologies such as drones and electronic evidence are explained, and standards for evidence collection methods, etc. are being developed.

Strengthening the collaboration among various types of evidence

The guideline instructs the full implementation of case investigation by subdividing evidence categories such as criminal subject, criminal subjective aspect, and criminal objective aspect, clarifying the contents and requirements for collecting each type of evidence, and emphasizing mutual corroboration among different types of evidence.

Stricter treatment of hazardous wastes related to criminal cases

The requirements for on-site collection, monitoring or forensics, storage, transportation, and treatment of hazardous waste related to criminal cases are clarified and will be standardized.

Conduction for special investigations into priority cases

The Guideline mentions that priority criminal incidents with serious pollution and adverse effects should be reported immediately and a special investigation team should be formed to conduct investigations.

The original text of the above article can be viewed at the following URL (in simplified Chinese).