Recently, the Shanghai High Court informed the six cases, two cases involving crayfish. Reporter Wang Jie
Industrial become edible tallow tallow? Brewed lo cooked, add poppy capsules when crayfish?
"The problem of pork" sold more than 80,000 pounds? Recently, the Shanghai Higher People's Court informed the community of six criminal cases endanger food security, which is the Shanghai court a number of issues, "two high", "food safety hazards on handling criminal cases in the interpretation of applicable law," the first centralized implementation case sentencing.
Sales of industrial tallow case, the defendant jailed for 13 years, this is the heaviest sentences in recent years, Shanghai food safety hazards criminal cases. "Two high" after the introduction of judicial interpretation, the average sentence and fines imposed by the courts are significantly improved.
6 cases of more than 300 million average fines
In order to correct the new judicial interpretation of the provisions applicable to ensure food safety hazards punish criminals, Shanghai High Court in June this year, the city's Court of Criminal Justice organizations focus on learning the "two high" judicial interpretation of food safety by participating in the drafting of this interpretation explain in detail the relevant personnel, unified handling ideas and law enforcement standards. Secondly, the Shanghai High Court to the Court under the city issued the "Shanghai Higher People's Court on the implementation of the" two high "criminal judicial interpretation of food safety, food safety hazards punish criminal law advice," this advice from the criminal justice functions, severely hit 10 criminal policy, the court asked the city to implement.
After the introduction of judicial interpretation, Shanghai courts than in the past on the conviction and sentencing of what change?
Shanghai high-Zoubi Hua, vice president pointed out that the average sentence and fines imposed by the courts are significantly improved: before 2011 to the introduction of two high judicial interpretation, Shanghai court food safety hazards from crime-related cases 15 and 27, the average sentence 3.13 per person for the years, fines of 283,300 yuan per case, in which six people sentenced to probation; After the introduction of judicial interpretation, on Nov. 18 sentencing of these six cases totaling 10 defendants, three defendants units, with an average each sentence of 5.63 years and a fine of 3,743,300 yuan for each case, no one was sentenced to probation.
The case will be harsh and strict food safety disposal
Since 2011 for "stained bread" case such as food and drug safety hazards centralized criminal cases since sentencing, Shanghai courts continue to increase efforts to punish crimes endanger food security. Zoubi Hua said, Shanghai focusing on the "triple a strict", that convicted and severely, severely principal penalty, property heavier punishment, strict control of non-custodial sentence applicable in the implementation of the "two high" when the judicial interpretation of food safety.
Food was convicted and severely endanger food security for the crime, in line with the relevant provisions of the Criminal Code, should generally be in the production, sales do not meet safety standards and producing and selling poisonous and harmful food crimes convicted of two counts of food-based criminal penalties. For food safety hazards constitute a criminal act while the production and sale of fake or substandard products, illegal business, intellectual property rights violations and other crimes, according to a heavier penalty be convicted and punished.
Property heavier punishment, is to increase the intensity of property penalty imposed, completely depriving criminals of illegal profits and capital crime again. Food for committing the crime of production, sales do not meet safety standards, production and sale of toxic, harmful food crimes of criminals, the general should be sentenced to production, sales and more than 2 times the amount of fines.
In sentencing the defendant, the unit daughter Food Co., Ltd. in Shanghai, the defendant Zhang, producing and selling poisonous and harmful food case, the defendant and the defendant unit sales amount of 10 million yuan, according to the law should be in the following five years in prison sentence, but 10 million yuan sales volume corresponding to up to 6,994 kilograms of moon cake, clearly belongs to "a large number", so the court finally recognized as "other serious circumstances", according to "jump file" imprisonment in the range of 5-10 years the sentence.
Mostly crime scene seized
Zoubi Hua noted that six cases involving food the focus on food safety crimes involving sentencing for pork, cooking oil, moon cake, marinated cooked crayfish, a wide range of consumer groups.
From the main crime watch, unlicensed small workshops, small storefront great harm. If opened, who lives in Shanghai Qingpu Yuemou undocumented food processing workshops, production and sales in its temporary office cooked lo, lo cooked in the production process, in order to reap illegal profits, adding poppy capsules in soup, and then use the soup Stewed cooked and external sales.
In addition, the individual food companies to break the law, Shanghai Panpan Food Co., Ltd. is a production of moon cake legally established limited liability company, Shanghai Shiming Grease Co., Ltd. is a production of edible oil established limited liability company by law, these companies should strictly observe the laws and regulations on food safety but knowingly, desperate to seek illegal interests, implement food safety hazards criminal activity.
Reporters learned that these criminal acts which endanger food security, mostly police and law enforcement agencies to take the initiative, the scene seized.
Source: SourceJuice