On March 27, the Supreme People's Court (SPC) and the Supreme People's Procuratorate (SPP) jointly issued the Decision on Amending the Judicial Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution. The amended interpretation is set to take effect on March 30, 2026.
The issuance of this document represents an important step taken by the SPC and SPP to strictly implement the Ecological and Environmental Code and to leverage the rule of law in safeguarding ecological civilization. It holds great practical significance for punishing environmental crimes in accordance with the law, protecting public health and ecological and environmental rights and interests, promoting green and low-carbon development, and contributing to the building of a Beautiful China.
To effectively combat environmental crimes, the SPC and SPP previously issued the Judicial Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution in August 2023. Since its implementation, law enforcement and judicial organs at all levels have accurately ascertained facts and correctly applied the law, achieving favorable social effects.
However, with the in-depth advancement of eco-environmental protection efforts, relevant central and local authorities have reported new circumstances and challenges they encountered during the case-handling process, which urgently require improvements and amendments to the relevant provisions.
At the same time, the promulgation and implementation of the Ecological and Environmental Code has raised new and higher requirements for the prevention and control of environmental pollution. Against this backdrop, the SPC and the SPP formulated and issued this Decision.
The document consists of four articles and focuses on multiple key areas.
Regarding the falsification and tampering of automated monitoring data, the Decision further clarifies criminal subjects and the scope of pollutants. The amended provision explicitly defines the criminal subjects as "both the entities and personnel of the entities under key pollutant discharge permit management."
The amended provision also expands the types of discharged pollutants subject to criminal liability to include total phosphorus, total nitrogen, particulate matter, and volatile organic compounds, while removing references to "key pollutant discharge entities" to align with the Ecological and Environmental Code.
To optimize leniency regulations, the document specifies that "a perpetrator actively fulfilling the responsibility for eco-environmental restoration" constitutes a discretionary ground for leniency in sentencing. For minor criminal offenses, non-prosecution may be granted or criminal punishment may be exempted. In cases where the offense is obviously minor and causes minimal harm, the act shall not be deemed a crime.
Concerning the crime of issuing false certification documents in the environmental field, the amendment broadens the scope of criminal subjects to include personnel of intermediary organizations responsible for duties such as vehicle emission testing and soil pollution investigation and assessment. To strengthen the full-chain crackdown, the Decision clarifies that those who provide software or tools designed for cheating in vehicle emission tests will face charges under the offense of providing software and tools for intruding into or illegally controlling computer information systems.
In addition, to maintain consistency within the judicial interpretation framework, the document introduces technical adjustments, such as removing outdated provisions related to the definition of "key pollutant discharge entities".
Moving forward, the SPC and the SPP will continue to strengthen coordination and cooperation with relevant departments including the Ministry of Public Security, the Ministry of Justice, and the Ministry of Ecology and Environment. They will guide courts and procuratorates at all levels to accurately comprehend and apply the amended judicial interpretation, and ensure it is implemented in a unified and appropriate manner.
Meanwhile, the SPC and the SPP will closely monitor the implementation of the document and unify adjudication rules through further amendments to judicial interpretations and the issuance of typical cases, so as to provide more robust judicial safeguards for the battle against pollution and for the building of a Beautiful China featuring harmonious coexistence between humans and nature.
