Criminal Trial Reference - Issue No. 47

Author: Criminal Trial First and Second Tribunals of the Supreme People's Court of the People's Republic of China
Publisher:
Publish Date: 2006-09-01
Features: Kong Deming - Illegally Carrying Dangerous Articles Endangering Public Safety - How to Distinguish Between the Crime of Illegally Transporting or Storing Explosives and the Crime of Illegally Carrying Dangerous Articles Endangering Public Safety
I. Basic Case Facts
The defendant, Kong Deming, male, born on May 30, 1957, is a native of Taoyuan County, Hunan Province, Han nationality, with a primary school education, and works as a crew member of the Mutangwan Water Transport Company in Taoyuan County. On March 7, 2002, he was detained criminally for this case, and on April 14, he was arrested. The Yueyang City Yueyanglou District People's Procuratorate prosecuted the defendant Kong Deming for the crime of illegally storing explosives before the Yueyang City Yueyanglou District People's Court. The defendant Kong Deming admitted to the facts of the case; the defense counsel's arguments were: (1) The explosives privately stored by the defendant Kong Deming were unused explosives from others' production processes and did not cause any social consequences; (2) The defendant Kong Deming had a good record and was an occasional offender, and it was recommended that he be exempted from or given a lighter sentence.
The Yueyang City Yueyanglou District People's Court, after a public trial, found: In February 2002, the defendant Kong Deming, while driving a boat, assisted others in underwater engineering blasting in Hengnan County, Hunan Province. After the project was completed, the defendant Kong Deming privately stored the remaining 20 sticks of explosives from the construction work on his own boat. On the afternoon of March 5, 2002, the defendant Kong Deming drove