Recently, the Guangdong Provincial People's Procuratorate and the Guangdong Provincial Department of Emergency Management jointly released 10 typical cases of criminal offenses and public interest litigation in the field of work safety that occurred in Guangdong Province. The "Case of Major Liability Accident Involving Su Moumou and 12 Others" was included among them. This accident project involved almost all illegal and non-compliant acts in the engineering field: illegal bid rigging, affiliation of enterprise and personnel qualifications, multi-level subcontracting and re-subcontracting, and "affiliation without management."

We have combined the case with the accident investigation report and summarized it as follows:

Case of Major Liability Accident Involving Su Moumou and 12 Others

Basic Facts of the Case

At 10:50 on October 8, 2020, the formwork for the roof framework of the business building of the Luhe County Detention Center relocation and reconstruction project collapsed, causing 8 deaths and 1 injury, with direct economic losses totaling approximately RMB 11.63 million.

I. The construction unit subcontracted and re-subcontracted the project layer by layer to individuals without relevant licenses and qualifications, and the project manager was "affiliated without management."

In December 2019, a construction project in Shanwei City was tendered. In order to win the bid, a certain construction Co., Ltd. of Guangdong participated in the bidding using the Class 1 Constructor (Housing Construction) qualification certificate held by defendant Huang Moumou, and falsely established a project department and appointed defendant Huang Moumou as the project manager of the project department, but Huang Moumou did not actually assume the post or perform duties. Defendant Yu Moumou, as the deputy general manager of the construction company in charge of work safety, was responsible for supervising the construction and work safety of the project.

After winning the bid, defendant Li Moumou, the legal representative and general manager of the construction company, illegally subcontracted the construction project to defendants Su Moumou and Ye Mouyang. Subsequently, defendant Su Moumou re-subcontracted the construction project to defendant Yang Moumou (the "labor contractor" of the building involved), who had no construction qualifications, and it was agreed that defendant Yang Moumou would pay affiliation fees.

During construction, defendant "labor contractor" Yang Moumou hired defendant Zhu Moumou as technical director and construction worker, Qiu Moumou as project construction safety officer, and Ye Mouqin as surveyor and construction worker. Defendants Qiu Moumou and Ye Mouqin both lacked the corresponding qualifications. In addition, defendant Yang Moumou subcontracted the carpentry work to Zheng Moumou, who lacked the corresponding qualifications.

Image content source: accident investigation report

II. The supervision unit engaged in fraud and hired unlicensed personnel to carry out supervision work.

The supervision business of the construction project was undertaken by a certain construction management Co., Ltd. of Guangdong. Defendant Lin Moumou was the legal representative and general manager of the company, while the supervision work of the project was actually carried out by the Luhe Branch of the company, and defendant Peng Moumou was the person in charge of the Luhe Branch. After the supervision contract was signed, Tian Mou was appointed as the chief supervision engineer of the project.

During construction, defendants Yang Moumou, Zhu Moumou and others violated safety management regulations. In the construction of the fourth-floor roof framework and cantilevered hanging slab of the business building with a erection height of 16.3 m, they did not prepare a special construction plan for "high formwork support" and organize expert demonstration, did not conduct work safety education and safety technical disclosure for construction personnel, illegally directly used the external scaffold as the formwork support system when erecting formwork, and carried out concrete pouring construction without acceptance. The supervision work of defendant Tian Moumou and others was a mere formality and they failed to fulfill their supervision responsibilities. During supervision, they did not strictly check the scaffold erection process, did not accept the formwork and support system of the fourth-floor roof framework and cantilevered hanging slab of the business building, did not promptly discover major safety hazards existing in the construction process, and left their posts on the day of the incident, failing to conduct on-site supervision of the concrete pouring construction of the fourth-floor roof framework and cantilevered hanging slab of the business building. Defendant Yu Moumou failed to fulfill work safety management duties during project inspections and failed to promptly discover and eliminate safety hazards existing in the project construction.

Image content source: accident investigation report

In October 2020, concrete pouring construction was carried out for the fourth-floor roof framework and cantilevered hanging slab of the business building. Neither the construction party's management personnel nor the supervision personnel were present for on-site supervision. During concrete pouring, the formwork for the roof framework and cantilevered hanging slab collapsed, causing 8 deaths and 1 injury. After the accident, defendant Peng Moumou instructed defendant Tian Moumou and others to prepare a supplementary "Supervision Notice" stating that the installation inspection of the formwork for the framework, beam, slab and column of the roof layer of the business building was unqualified, for record-keeping, in an attempt to evade legal liability.

Handling result: 13 people were sentenced to terms ranging from four years and six months to one year and six months.

On March 22, 2021, the Chengqu District People's Procuratorate of Shanwei City charged defendants Su Moumou, Ye Mouyang, Li Moumou, Yang Moumou, Yu Moumou, Zhu Moumou, Qiu Moumou, Ye Mouqin, Zheng Moumou, Huang Moumou, Tian Moumou, Peng Moumou and Lin Moumou, 13 persons in total, with the crime of major liability accident, and instituted public prosecution with the Chengqu District People's Court of Shanwei City.

After trial, the Chengqu District People's Court issued a first-instance judgment on July 2, 2021, sentencing Su Moumou and the other 12 persons to fixed-term imprisonment ranging from four years and six months to one year and six months, with suspension of sentence of two years, respectively, for the crime of major liability accident. After the first-instance judgment, Su Moumou and Ye Mouyang appealed. On August 9, 2021, the Shanwei Intermediate People's Court issued a second-instance ruling upholding the original judgment.

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According to the "Investigation Report on the '10.8' Relatively Major Building Construction Accident in Luhe County":

● Nine people were approved for arrest (note: sentenced), including the construction unit's vice general manager as legal person, the labor contractor (actual project leader), the construction safety officer, the Class 1 Constructor (project manager, who did not assume the post or perform duties), the surveyor and construction worker, as well as the legal representative of the supervision unit, the chief supervision engineer, and the person in charge of the Luhe Branch;

● Three people were detained (note: not sentenced), including the construction unit's "small labor contractor" who erected the external scaffold, and the supervision unit's actual on-site supervisor and intern supervisor.

● Two persons suspected of illegal bid rigging and illegal affiliation in the project involved were held legally liable by judicial authorities in accordance with the law (note: sentenced).

Compared with the handling opinions in the investigation report, among the 13 persons in the court judgment, in addition to the above-mentioned 9 persons approved for arrest and 2 persons suspected of illegal bid rigging and illegal affiliation, 2 others were not mentioned in the original investigation report. These 13 persons are:

1. Su Moumou (suspected of illegal bid rigging, affiliation, and secondary subcontracting)

2. Ye Mouyang (suspected of illegal bid rigging, affiliation, and secondary subcontracting)

3. Li Moumou (legal representative and general manager of the construction unit, subcontracting)

4. Yang Moumou (the "labor contractor" of the building involved, actual project leader, without construction qualifications, affiliation, illegal subcontracting)

5. Yu Moumou (deputy general manager of the construction unit)

6. Zhu Moumou (not mentioned in the original investigation report; technical director and construction worker hired by "labor contractor" Yang Moumou)

7. Qiu Moumou (safety officer hired by "labor contractor" Yang Mouping, without corresponding qualifications)

8. Ye Mouqin (surveyor and construction worker hired by "labor contractor" Yang Mouping, without corresponding qualifications)

9. Zheng Moumou (not mentioned in the original investigation report; "labor contractor" Yang Moumou also subcontracted carpentry work to Zheng Moumou, who lacked corresponding qualifications)

10. Huang Moumou (provided a Class 1 Constructor (Housing Construction) qualification certificate to participate in bidding and was named project manager of the project department)

11. Tian Mou (chief supervision engineer of the supervision unit for the construction site involved, who failed to properly perform supervision duties)

12. Peng Moumou (person in charge of the Luhe Branch of the supervision unit, who failed to properly perform supervision duties)

13. Lin Moumou (legal representative and general manager of the supervision unit, who failed to properly perform supervision duties)

In addition, 18 public officials, including the director and deputy director of the Shanwei Municipal Housing and Urban-Rural Development Bureau, were held accountable, mainly with recommendations that the discipline inspection and supervision commission investigate and handle their performance of duties, conduct profound self-examinations, and adjust their work positions.

(V) Recommendations on handling relevant personnel of the construction unit.

It is recommended that the discipline inspection and supervision commission investigate and handle the performance of duties of the following persons.

1. Zhu Mouwen, male, deputy director of the Luhe County Public Security Bureau.

2. Peng Moubo, deputy captain of the Cybersecurity Brigade of the Luhe County Public Security Bureau.

3. Liu Moujin, male, deputy captain of the Narcotics Control Brigade of the Luhe County Public Security Bureau.

4. Liu Mouyuan, male, deputy secretary of the Party Committee and political commissar of the Luhe County Public Security Bureau, and deputy head of the leading group for the Luhe County Detention Center relocation and reconstruction project.

5. Qiu Mouxiao, male, instructor of the Command Center of the Luhe County Public Security Bureau.

6. Zhu Mougeng, male, director of the Detention Center of the Luhe County Public Security Bureau.

7. Chen Mouchong, male, director of the Shuichun Police Station of the Luhe County Public Security Bureau.

(VI) Recommendations on handling relevant personnel of regulatory departments.

It is recommended that the discipline inspection and supervision commission investigate and handle the performance of duties of the following persons.

1. Luo Mousheng, male, director of the Luhe County Housing and Urban-Rural Development Bureau.

2. Huang Moujun, male, deputy director of the Luhe County Housing and Urban-Rural Development Bureau.

3. Peng Moushuang, person in charge of the Quality and Safety Station of the Luhe County Housing and Urban-Rural Development Bureau.

4. Peng Mouzhou, male, person in charge of the Construction Project Quality and Safety Management Section of the Luhe County Housing and Urban-Rural Development Bureau.

5. Peng Mousheng, male, person in charge of the Construction Market and Construction Project Management Section of the Luhe County Housing and Urban-Rural Development Bureau.

(VII) Recommendations on handling relevant personnel of the Luhe County Party Committee and County Government.

1. It is recommended that, according to the authority for cadre management, the main leaders of the county Party committee and county government, Chen Mouyong and Luo Mouxin, and executive deputy county head Ye Moumei be ordered to make profound self-examinations.

2. Peng Moujie, male, deputy county head of Luhe County People's Government. It is recommended that the discipline inspection and supervision commission investigate and handle his performance of duties.

3. Lin Mouyi, male, deputy county head of Luhe County and director of the Public Security Bureau. It is recommended that the discipline inspection and supervision commission investigate and handle his performance of duties.

(VIII) Recommendations on handling relevant personnel of the Shanwei Municipal Housing and Urban-Rural Development Bureau.

It is recommended that, according to the authority for cadre management, the following persons be ordered to make profound self-examinations and have their work positions adjusted.

1. Wu Mouhao, male, secretary of the Party Group and director of the Shanwei Municipal Housing and Urban-Rural Development Bureau.

2. Liu Moutang, male, member of the Party Group and deputy director of the Shanwei Municipal Housing and Urban-Rural Development Bureau, in charge of project quality and safety supervision.

3. Yu Mouzhi, male, person in charge of the Project Quality and Safety Supervision Section of the Shanwei Municipal Housing and Urban-Rural Development Bureau.

Safety Reminder from the Guangdong Provincial People's Procuratorate

1. In recent years, as infrastructure projects have increased in number, covered a wide range of areas, and extended over long distances, safety management problems have become prominent. Illegal and non-compliant acts such as affiliation of enterprise and personnel qualifications and multi-level subcontracting and re-subcontracting in the construction field, all forms of "affiliation without management," have occurred from time to time and can easily lead to work safety accidents. According to the provisions of the Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Work Safety" regarding the subject of the crime of major liability accident, in this case, Huang Moumou, who provided a Class 1 Constructor (Housing Construction) qualification certificate to participate in bidding and was named project manager of the project department, and Li Moumou, Su Moumou, Ye Mouyang, Yang Moumou and others who illegally subcontracted and re-subcontracted, all constitute the crime of major liability accident and must be held criminally liable in accordance with the law.

2. According to the provisions of the "Regulations on the Administration of Work Safety of Construction Projects," project supervision units and supervision engineers shall carry out supervision in accordance with laws, regulations and mandatory standards for engineering construction, and bear supervision responsibility for the work safety of construction projects. In this case, Lin Moumou, Peng Moumou and Tian Moumou failed to properly perform supervision duties, resulting in a major safety accident, and have constituted the crime of major liability accident; they must also be held criminally liable in accordance with the law.

Appendix: Original text of the investigation report: