The Supreme People's Procuratorate issued a typical case of punishing the crime of manufacturing and selling fake and shoddy commodities
2022-03-17
On March 14, the Supreme People's Procuratorate issued a typical case of procuratorial organs punishing the crime of manufacturing and selling fake and shoddy commodities according to law. Nine cases were released this time, focusing on consumer food safety issues, fully reflecting the spirit of the newly revised interpretation on Several Issues concerning the application of law in handling criminal cases endangering food safety (hereinafter referred to as the interpretation), and highlighting the distinct position of procuratorial organs in strictly cracking down on crimes endangering food safety. Other cases involve livelihood issues such as cables, diesel and agricultural materials. The head of the fourth procuratorial Office of the Supreme People's Procuratorate said that cracking down on the crime of fake and shoddy goods is not only the requirement of building a new development pattern of services and promoting high-quality development, but also a pragmatic measure to better meet the needs of the people for a better life. In 2021, procuratorial organs nationwide prosecuted 14957 cases of infringement and counterfeiting crimes and 29624 people. The official said that the procuratorial organs will always maintain a high pressure on the crime of manufacturing and selling fake and shoddy commodities, safeguard food safety and food security according to law, severely punish crimes endangering drug safety, improve the case handling mechanism for punishing fake and shoddy crimes, and further improve the level of professional teams, Let the people feel fairness, justice and security in every case handled by the procuratorial organ. Crack down on large-scale water injection and promote governance Zhao moutao acquired a slaughtering and processing company in Nantong, Jiangsu Province, mainly engaged in live cattle slaughtering, beef processing and sales. From April 2017 to July 2018, in order to seek illegal interests, Zhao moutao organized and instructed Jia Yiyin and others to insert the water pipe into the cow's heart and inject water to increase the weight of beef, and then Ji mougang and other workers slaughtered and processed the injected buffalo. Zhao moutao organized his children Zhao moujia, Zhao mouyi and others to distribute water injected beef to many farmers' markets in Shanghai. After the incident, the public security organ seized 2950 kilograms of water injected beef at the scene of the slaughtering and processing company. According to the audit, Zhao moutao and others produced and sold more than 800000 kg of water injected beef, with a sales amount of nearly 50 million yuan. [litigation process] Shanghai railway transportation procuratorate prosecuted 17 people including the defendant Zhao moutao for the crime of producing and selling fake and shoddy products in two batches. Zhao Tao was sentenced to imprisonment ranging from 12 to 2500 years for the crime of producing and selling counterfeit products, and was sentenced to one year imprisonment and a fine ranging from one year to 15 months for other defendants. Some defendants appealed against the judgment and were rejected. [typical significance] according to the provisions of the interpretation, if water injection to livestock and poultry is not enough to cause serious food poisoning accidents or other serious food borne diseases, but it complies with the provisions of Article 140 of the criminal law, it shall be convicted and punished for the crime of producing and selling fake and shoddy products. In this case, in order to reveal the substantial harm of water injected beef, the procuratorial organ organized a special discussion of food safety experts, and notified people with expertise to testify in court to severely crack down on livestock and poultry water injection crimes. The principal offenders in this case were sentenced to severe punishment. In this case, a slaughtering company in Nantong slaughtered and sold more than 300 million yuan of beef during the time of the case. The defendant confessed that not every cow was injected with water. Combined with the verified production records, transaction records, chat records and the confessions of more than 10 water injection workers and slaughterers about the quantity and proportion of water injection, and combined with the trading habits, the procuratorial organ determined the amount of water injection beef produced and sold in this case. At the same time, the procuratorial organ accurately identified the amount of each employee's participation in the production and sales of water injected beef, so as to achieve the unity of crime, responsibility and punishment. In this case, the defendant carried out large-scale and organized livestock and poultry water injection, which endangered houguobo and many regions, making it difficult to control. Shanghai railway transportation procuratorate gives full play to the advantages of centralized jurisdiction over cases endangering food safety, actively strives for the overall guidance of superior procuratorial organs, implements the linkage mechanism of "handling cases across administrative divisions + localized procuratorial governance", and cooperates with local procuratorial organs with the market supervision and Administration Bureau, public security organs and local governments, Simultaneously carry out the special comprehensive treatment activities of "co governance of food safety" in the wholesale markets of agricultural products in the four regions involved, regularly carry out "looking back", continue to promote the standardized construction of food safety management in the farmers' markets, and jointly build a food safety protection network. Punish the criminal act of processing and manufacturing poisonous bamboo shoots Peng and Li bought bamboo shoots at their home in a county in Sichuan, cooked them with salt or soaked them with food additive sodium pyrosulfite, and then sold them to bamboo shoot processing enterprises. In early April 2019, they discussed and decided to use industrial sulfur to smoke bamboo shoots, and use industrial sulfur to smoke more than 20 tons of bamboo shoots at night for sale. After inspection, the sulfur dioxide residue in the seized bamboo shoots seriously exceeded the standard. [litigation process] the people's Procuratorate of a county in Sichuan Province prosecuted Peng and Li for the crime of producing and selling toxic and harmful food. They voluntarily pleaded guilty to punishment. The court ruled that the two defendants committed the crime of producing and selling toxic and harmful food and sentenced Peng to fixed-term imprisonment of one year and a fine of 10000 yuan; Li was sentenced to fixed-term imprisonment for one year, suspended for two years and fined 10000 yuan. Li was prohibited from engaging in food production, sales and related activities during the probation period. [typical significance] edible agricultural products have a long chain and many risks, especially agricultural and sideline products such as bamboo shoots, which are seasonal, short production cycle and prone to corruption. Individual family workshops or small-scale enterprises use toxic and harmful non food raw materials such as industrial sulfur for processing in order to prevent corrosion and reduce costs. According to the interpretation, it should be recognized as "toxic and harmful non food raw materials" stipulated in article 144 of the criminal law. The procuratorial organ accurately determined the nature, severely punished the crimes endangering food safety, and timely and effectively prevented the bamboo shoots involved from flowing to the table of consumers. The procuratorial organs took the initiative to strengthen cooperation with administrative organs, strictly implemented the connection mechanism between administrative law enforcement and criminal justice through information sharing, clue notification and joint meetings, and enhanced the effectiveness of procuratorial supervision. The local "bamboo shoot" is a brand registered and protected by the national geographical indication of agricultural products. In order to dispel the concerns of bamboo shoot production and sales enterprises and the doubts of consumers, the procuratorial organ invited deputies to the National People's Congress, members of the Chinese people's Political Consultative Conference, bamboo shoot production and sales enterprises and consumer representatives to attend the court trial, so as to urge local bamboo shoot production and sales enterprises to strengthen their understanding of the quality and safety of agricultural products, Provide a solid legal guarantee for serving local economic development. Crack down on crimes involving agricultural materials and maintain production order In December 2014, Fumou registered and established Sichuan K chemical fertilizer Co., Ltd. to engage in the production and sales of chemical fertilizer. Fu did not employ any chemical fertilizer production professionals and chemical fertilizer inspectors. He produced a large number of compound nitrogen fertilizer, urea and compound fertilizer by means of random proportioning of chemical fertilizer production raw materials, counterfeiting the signature of inspectors, forging chemical fertilizer inspection reports and certificates, and sold them to Sichuan, Chongqing, Yunnan and other places. In May 2020, K company was administratively punished for producing and selling substandard chemical fertilizers. Since then, K company still sold the aforementioned chemical fertilizer to dealers for more than 60000 yuan. The dealer sold more than 100 tons of chemical fertilizer to 558 farmers in Yubei District, Chongqing. Through sampling inspection, the content of nitrogen, phosphorus and potassium in the chemical fertilizer involved in the case does not meet the national standard, so it is an unqualified chemical fertilizer product. Fu voluntarily surrendered and truthfully confessed the facts of the crime. [litigation process] the public security organ transferred Fu to the procuratorial organ for prosecution on suspicion of producing and selling fake and shoddy products. After examination, the people's Procuratorate of Yubei District of Chongqing added Sichuan K Company as a criminal suspect, and prosecuted the company and Fu for the crime of producing and selling fake and shoddy products. The court sentenced Sichuan K Company to a fine of 80000 yuan for the crime of producing and selling fake and shoddy products; Fu was sentenced to fixed-term imprisonment for one year and one month and fined 40000 yuan. [typical significance] this case is a case that endangers the national agricultural production safety and damages the legitimate interests of farmers. After receiving the clues transferred by the administrative organ through the connection platform of the two laws, the procuratorial organ studied and judged that the case involves agriculture and grain, and the land spans three provinces (cities) of Sichuan, Chongqing and Yunnan. The case is serious and it is difficult to obtain evidence. The procuratorial organ took the initiative to intervene in the criminal investigation in advance, guided the public security organ to make accurate statistics on the type, quantity and amount of chemical fertilizer involved, and put forward opinions and suggestions on the retrieval of other evidence, the determination of facts and the application of law, so as to lay a solid foundation for the alleged crime. Procuratorial organs adhere to the principle of legally prescribed punishment for a crime and accurately determine the nature of the case. In this case, some affected farmers reported that more than 20000 citrus trees and other crops planted had fallen leaves and rotten roots due to the use of fake chemical fertilizer. The procuratorial organ visited and consulted agricultural experts on the spot to find out that it is difficult to draw the conclusion that there is a criminal causal relationship between the chemical fertilizer involved and the losses of the murdered farmers. However, the suspect has passed the unqualified chemical fertilizer as a qualified chemical fertilizer, and the sales amount has amounted to more than 50 thousand yuan. His behavior constitutes the crime of producing and selling fake and inferior products. The procuratorial organ learned that the vast majority of farmers who bought fake chemical fertilizers were left behind elderly people. Some farmers just got out of poverty, had poor economic conditions and income generating capacity, and the causes of crop losses could not be found out, and the injured farmers could not obtain relief through civil channels. The procuratorial organ launched judicial assistance in time and gave judicial assistance to all the injured farmers according to law, totaling more than 260000 yuan. Help the victims restore normal production and life order, promote social governance, and let consumers feel the temperature of fairness, justice and justice in each case. (outlook new era)
Edit：Anny Responsible editor：cc
Source：legaldaily.com
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