Foreigner Sentenced to 8 Months for Disposing of This 'Garbage'

Source: OT-Team(G),新疆维吾尔自治区高级人民法院

  On August 9, the High People's Court of Xinjiang Uygur Autonomous Region posted a typical case of a foreigner involved in environmental resource trials.

Basic case

  On April 17, 2023, a Mongolian national, referred to as Defendant Y, entered China through the Takshken Port in Qinghe County, driving a coal transport vehicle. The vehicle broke down and became inoperable, leading Y to tow it to a nearby repair shop. 

  Since the engine was deemed irreparable, Y, along with the shop owner Da (who is being prosecuted separately), replaced the vehicle's components with parts from another truck they had acquired, and swapped the license plates. They agreed to sell the scrapped Mongolian vehicle left in China to offset the repair costs.

  On April 25, Y exited China through the Takshken Port without declaring the changes to the vehicle. Upon returning to Mongolia, Y modified the vehicle identification number (VIN) to match the original Mongolian registration. On May 4, when Y re-entered China with the modified vehicle, he failed to declare the changes to customs and was subsequently apprehended. The altered vehicle, weighing 7.2 tons, was identified as "solid waste" under the law.

Court ruling

  The Urumqi Intermediate People's Court for Railway Transport found Defendant Y guilty of illegally disposing of imported solid waste. Y was sentenced to eight months in prison and fined RMB 10,000. The confiscated vehicle was ordered to be seized and handled by the relevant authorities.

Significance of the Case

  This case highlights the illegal act of leaving foreign vehicle waste within China. Such disposal of "imported solid waste" not only violates administrative and customs regulations but also poses potential and uncertain risks to the ecological environment and public health.

  During the trial, it was established that Y knowingly violated customs regulations by failing to declare the vehicle damage and not exporting the vehicle waste as required. Instead, he left the scrapped foreign vehicle in China. According to Article 339 of the Criminal Law of the People's Republic of China, Y's actions constituted the crime of illegal disposal of imported solid waste, warranting legal punishment.