The two high-tech judicial interpretations focus on the criminal judicial application of food safety and require the strict application of probation and exemption from criminal punishment.
On December 31, the supreme law and the Supreme People’s Procuratorate jointly issued 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), which further improved the conviction and sentencing standards for crimes endangering food safety, and provided a clear legal basis for combating related crimes.
He Li, President of the first criminal division of the Supreme Court, introduced that from 2013 to 2021, the national courts concluded more than 38000 criminal cases of the crime of producing and selling food that did not meet safety standards and the crime of producing and selling toxic and harmful food, with more than 52000 judgments.
increased punishment for violations of “one old and one small” food safety
Surging news noted that there are 26 articles in the interpretation, mainly revising the contents in six aspects. For example, in order to strengthen the punishment of crimes against food safety committed by minors, the elderly and other groups, the interpretation stipulates Several Provisions on special protection of food safety for minors, the elderly and other groups, For example, Article 3 and Article 7 respectively take “main and auxiliary foods for infants” and “those sold to minors and the elderly on primary and secondary school campuses, nursery institutions, elderly care institutions and surrounding areas” as aggravating circumstances.
He Li pointed out that in judicial practice, the phenomenon of using the sale of health food to defraud property is more prominent. The nature of this kind of behavior is bad, especially the illegal crime of health food fraud against the elderly.
In this regard, Article 19 of the interpretation clearly stipulates that those who use the sale of health food or other food to defraud property for the purpose of illegal occupation, in line with the provisions of Article 266 of the criminal law, shall be convicted and punished for the crime of fraud. If it also constitutes the crime of producing or selling fake and shoddy products and other crimes, it shall be convicted and punished in accordance with the provisions on heavier punishment.
“One old and one small” is the group most vulnerable to food safety violations. An Ao, vice president of the first criminal division of the Supreme Court, added that in view of the weak links of “one old and one small” food safety protection in judicial practice, the interpretation provides for the protection of food safety of this group from many aspects.
For example, for special foods, the interpretation clearly stipulates that if the nutritional components of the main and auxiliary foods for infants and young children seriously do not meet the food safety standards, they shall be convicted and punished according to the crime of producing and selling foods that do not meet the safety standards; At the same time, it is also stipulated that the production and sales of infant main and auxiliary foods that do not meet food safety standards will be regarded as an aggravating circumstance for relevant crimes endangering food safety.
For another example, the interpretation for special institutions clearly stipulates that those who sell food that does not meet food safety standards or toxic and harmful food to minors and the elderly on primary and secondary school campuses, kindergartens, elderly care institutions and surrounding areas shall be regarded as aggravating circumstances for relevant crimes endangering food safety.
In recent years, “health care products pit old” cases have occurred frequently, the nature of the crime is bad, and the people have a strong reaction. For such acts, the interpretation clearly stipulates that those who commit such crimes and comply with the provisions of the crime of fraud shall be convicted and punished in accordance with the crime of fraud. If the food sold is unqualified and constitutes a crime of producing and selling fake and shoddy products, it shall be convicted and punished according to the crime with a heavier punishment.
increase the provisions on the conviction of water injection and drug injection of livestock and poultry
Surging news noted that the interpretation makes clear provisions on the outstanding problems that need to be urgently solved in judicial practice, such as the qualitative and punishment standards of water injection and drug injection cases in links related to livestock and poultry slaughter, and the identification of “toxic and harmful non food raw materials” and “knowing” in the crime of producing and selling toxic and harmful food, so as to standardize the application of law.
An AO pointed out that in recent years, in order to earn black money, some criminals have maliciously injected water into pigs and other livestock and poultry entering the slaughtering related links, resulting in a large amount of injected meat flowing to the people’s table, which is deeply hated by the people. Worse, in order to increase the water retention effect, criminals inject drugs while injecting water, and drug residues further increase the risk of food safety. In practice, criminals also constantly renovate drug formulations, including banned drugs such as “Clenbuterol”, veterinary drugs and human drugs, as well as chemicals prepared by criminals themselves.
In order to effectively solve the problem of cracking down on water injection meat cases, the above provisions have added provisions on the conviction and punishment of water injection and drug injection in relevant links of livestock and poultry slaughter.
The second paragraph of Article 17 of the interpretation clearly stipulates that those who use “Clenbuterol” and other prohibited drugs shall be convicted and punished for the crime of producing and selling toxic and harmful food. For those who use veterinary drugs, if the residual amount of veterinary drugs in meat exceeds the standard, which is enough to cause serious food poisoning accidents or other serious food borne diseases, they may be convicted and punished according to the crime of producing and selling food that does not meet the safety standards; If the veterinary drug residues in meat products do not exceed the standard, but the sales amount is more than 50000 yuan, they can be convicted and punished according to the crime of producing and selling fake and shoddy products.
At the same time, according to this article, if only water injection is found, and the injected sewage causes excessive pollutants such as meat microorganisms, it can be convicted and punished according to the crime of producing and selling food that does not meet the safety standards; If the meat pollutant does not exceed the standard, but the water content of the meat exceeds the standard, and the sales amount is more than 50000 yuan, it can be convicted and punished according to the crime of producing and selling fake and shoddy products; If the pollutants and water content of meat products do not exceed the standard and cannot be recognized as a crime, the competent administrative department may impose administrative penalties according to law.
According to Article 143 of the criminal law, Whoever produces or sells food that does not meet the food safety standards, which is enough to cause serious food poisoning accidents or other serious food borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated of property.
The above interpretation also specifically points out that criminals who commit crimes stipulated in this interpretation shall be strictly suspended and exempted from criminal punishment in accordance with the conditions stipulated in the criminal law. Where probation is applied according to law, an injunction may be announced at the same time according to the circumstances of the crime. If an actor who is not prosecuted or exempted from criminal punishment needs to be given administrative punishment, administrative sanctions or other sanctions, he shall be transferred to the relevant competent authorities for handling according to law.
(surging News)
