Spokesman of supreme people's court the most: The food security case declares punishment guilty severely

Spokesman of supreme people's court the most: The food security case declares punishment guilty severely
Spokesman of supreme people's court the most: The food security case declares punishment guilty severely
Yesterday, at news conference of supreme people's court most, the Sun 's of the spokesman of supreme people's court said most, as to prime culprit, recidivist, habitual offender and accepting bribes, malfeasance of those related to food security crime,etc. crime by taking advantage of duty that the food security commit crime, the court will declare punishment guilty severely. Food security the intersection of case and quantity present, increase progressively war industry Sun, claim among the 4 year from the year 2008 till now, food security the intersection of case and quantity, judgement of case number appear tendency that increase progressively every year, prove on one hand the criminal is driven by the interests, it is still rampant to endanger the criminal activity of the food security, indicate too on one hand all parts strengthen the crime attack of the food security notably. In view of the present severe food security crime situation, supreme people's court claims the most, the court will attack recidivist, habitual offender, prime culprit in complicity endangering the food security and committing crime severely in accordance with the law, cause endangering, selling the criminal enormous in amount of money to the health seriously, and is in the criminals of production, selling source. Strengthen the punishment of property and punish grandson's war industry to reveal, while trying food security crime, endangering very applicable charge of the food security crime though includes producing, selling the food crime not in accordance with safety standard, produce, sell the poisonous, harmful food crime, produce, sell a plurality of charges of crime of the fake and poor products,etc., but according to the stipulations of evidence situation and article 149 of criminal law and relevant judicial explanation, the court will choose to punish heavier production, sale fake and poor products crime or even declare punishment guilty with the crime against public security of the dangerous method,etc.. In Henan clenobuterol hydrochloride's case, cypress two groups of king,etc. of fragrant animal's epidemic prevention of the centeral station of epidemic prevention person of Qinyang in Henan Province because the Malfeasance is sentenced the fixed-term imprisonment for 6 years highest. The Sun 's says, as to the malfeasance personnel in the food security case, the court will punish severely severely in accordance with the law. Including taking bribes, shield, connive at the corrupt element who endangers illegal activity of the food security, and endanger the malfeasance personnel neglecting one's duties, abusing one's power, doing wrong to serve one's friends or relatives in the illegal activity of the food security at the place where the food security is supervised and checked. Will strengthen the punishment of punishment of property constantly at the same time, the standard according to the regulation of civil legislation, in the fixed range, the high limit that the judge can be applicable. 38 tons and 3 deer milk power of typical case transfer to and pack selling The details of the case: September to October, 2008, former the intersection of Hebei and pieces of north the intersection of county and the intersection of deer and the intersection of source and milk industry the intersection of Co., Ltd. and legal representative take the place of civilization receive " the three the intersection of deer and the intersection of milk power and incident " The milk power influenced but is sent back goods by the customer is concealed. Will it be May 2010, the intersection of the unemployed and Sun XueFeng connection take the place of civilization, determine, buy, take the place of milk power that civilization conceal, and because the milk power exceeds quality guarantee period the requirement change packaging. Take the place of the civilization to sell to Sun XueFeng after changing 38 tons of milk power the external packing, sell the amount of money of 425,600 yuan. Sun XueFeng resells this milk power at 625,100 yuan others. Through appraising, content of gathering the cyanogen amine three exceed standard seriously in these 38 tons of milk power. Judgement: The court of Hebei decides that is thought, defendant Sun XueFeng, taking the place of the civilization to know perfectly well that belongs to the fake and poor products over the milk power of quality guarantee period, still sell and make profit, its behavior has already formed and sold the crime of the fake and poor products. According to selling the amount of money, sentence the defendant and take the place of the fixed-term imprisonment of civilization for seven years and and is fined 851,200 yuan; Sentence defendant Sun XueFeng to ten years' imprisonment, and is fined 1,250,200 yuan. It is " lemon yellow " to purchase Produce and sell " dye the steamed bun " The details of the case: Shanghai holds the leaf of legal representative of Co., Ltd. of food of emolument and links the emolument in order to raise the sales volume, knowing the cooking cake is being used perfectly well " Lemon yellow" Under the situation not in accordance with " food additive use the sanitary standard ", still buy " lemon yellow " since September of 2010 ,A executive thanks and links milling to organize workers to produce in a large amount and add to arrange production " Lemon yellow" Corn steamed bun. Hold Xu JianMing, sales manager of emolument company, and sell steamed bun to many supermarkets. Through appraising, the corn steamed bun that this company produces is detected " lemon yellow " ,It is a subquality product. Company this retrieve, sell overdue and overdue steamed bun soon of supermarket also, use as steamed bun maker raw materials again, and the above city date mark at packing of product as date of production. Judgement: The court of Shanghai decides that thinks, it violates the national regulation to hold the emolument company, produce, sell and add " lemon yellow " Corn steamed bun,last acceptable product,sell 620,000 of amount of money I yuan, the defendant leaf links the emolument as holding the person in charge of the emolument company, defendant Xu JianMing, thanking and linking milling as the direct person liable who holds the emolument company, have committed and produced, sold crime of the fake and poor products. Because this company has already been revoked the business license, has not investigated the unit punishment responsibility again in accordance with the law. It is a prime culprit that the leaf links the emolument; JianMing Xu, thank, link, mill the intersection of department and accessory, in accordance with the law should lighten punishment, JianMing Xu, thank, link, mill, can state the crime accurately appear in court, can punish on the lenient side in accordance with the law. The court sentences defendant Ye WeiLu to nine years' imprisonment in accordance with the law, and is fined 650,000 yuan; Sentence defendant Xu JianMing to five years' imprisonment, and is fined 200,000 yuan; Sentence the defendant and thank and link and mill fixed-term imprisonment for five years, and is fined 200,000 yuan. (reporter Xing ShiWei)


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