Supreme: food safety cases convicted and punished severely
crime in recent years food security situation
(Reporter Xing Shiwei) yesterday, the highest law in the conference, the Supreme Military spokesman Sun that the principal crime for food safety, recidivism, recidivism and crime related to food security, bribery, dereliction of duty and other crimes, the court will be given a heavier punishment.
showed an increasing number of food safety cases
Sun military said the four years since 2008, the number of cases of food safety cases, the number of judgments showed increasing trend every year, they clearly show that crime elements driven by profit, endangering food security still rampant criminal activity, on the one hand also shows that food security around the crime crackdown significantly enhanced.
Given the current critical situation of food security offenses, the Supreme Court said the court will severely crack down on food safety hazards according to offense recidivism, repeat offenders, the crime of the principal, cause serious harm to human health, a huge amount of sales criminals, as well as in the production and sale of the source of the criminals.
increase the property, criminal punishment
Sun military said, in the case of food safety, crime, crime, food safety hazard although the applicable charges, including production, sales do not meet the safety standards of food crime, production and sale of toxic and harmful food crimes, production, marketing fake or substandard products, and other charges, but according to the evidence for and Criminal Law forty-nine and relevant judicial interpretations, the court will choose the punishment heavier production, selling fake or substandard products and even the crime of endangering public safety and other punishment.
clenbuterol cases in Henan, Henan Province, Hong Qinyang City Park prevention of animal epidemic prevention center station groups, and other members of the king, the highest for dereliction of duty and was sentenced to six years in prison.
Sun military said, in food safety cases for dereliction of duty personnel, the court will be severely punished according to law. Including accepting bribes, protecting and conniving criminal activities which endanger food security of corrupt elements, as well as in food safety regulation and investigation of criminal activities which endanger food security in the dereliction of duty, abuses his power of dereliction of duty personnel. At the same time the property will continue to increase criminal penalties, in accordance with the provisions of civil legislation, standards, within the prescribed range, the judge can be applied to the upper limit.
■ typical case
38 吨 Sanlu milk powder for packaging sales
case: in September 2008 to October, the original Hebei Zhangbei Deer Dairy Co., Ltd. will be subject to the legal representative on behalf of civilization, “Sanlu milk powder incident,” the impact of customer returns of milk powder was hiding. In May 2010, on behalf of unemployed Sun Xuefeng contact civilization, that civilization hiding to purchase on behalf of the milk, and milk powder more than shelf-life requirements for replacement packaging. Behalf of the civilized replace the 38 tons of powdered milk sold to Sun Xuefeng after packaging, the amount of 425,600 yuan sales. Sun Xuefeng the price of milk to 625,100 yuan resale to others. It was identified in the 38 tons of powdered milk melamine poisoning.
verdict: Hebei court ruled that the defendant Sun Xuefeng, on behalf of civilization, knowing more than the shelf life of milk is a shoddy product, still selling for profit, which constituted a sale of fake or substandard products.
according to the amount of sales, sentenced the defendant to imprisonment for seven years on behalf of civilization and fined 851,200 yuan; Sun Xuefeng sentenced the defendant to ten years imprisonment and fined 1,250,200 yuan.
purchase “lemon yellow” sales “dyed bread”
case: Food Co., Ltd. Shanghai Sheng Lu Ye Weilu to improve the legal representative of sales, knowing pastry cooking class using the “lemon” does not meet the “food additive use of health standards” in the case, still in September 2010 purchase of “lemon”, arranged Xie milling organization in charge of production mass production workers add “lemon” of corn bread. Sheng Xu Jianming Lu, Sales Manager over the bread sold in supermarkets. Identified, the company produced were detected in the corn bread, “lemon”, Department of substandard products. The company also recycles expired and sold to supermarket bread is about to expire and re-used as raw material for production of bread, and listing date as the date of manufacture marked on the product packaging.
verdict: Shanghai court ruled that the company violated state regulations Lu Sheng, production, sales add “lemon” of corn bread, substandard products as qualified products, the amount of sales 62 million yuan, the defendant Yewei Lu Sheng Lu as the company’s executives, the defendant Xu Jianming, Xie Sheng Lu milling as directly responsible for the company, have a production and sales of fake or substandard products.
because of the company business license has been revoked, according to the unit not to pursue criminal. Yewei Lu Department of principal; Xu Jianming, Xie milling accomplice, should reduce the punishment according to law, Xu Jianming, Xie milling after appearing in court can truthfully confessed crimes, according to the law can be punished more leniently. Court sentenced the defendant Yewei Lu imprisonment for nine years and fined 650,000 yuan; Xu Jianming sentenced the defendant to five years imprisonment and fined 200,000 yuan; Xie milling sentenced the defendant to five years imprisonment and fined 200,000 yuan.
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