Production, sale is poisonous, harmful food blame, it is to point to disobey food sanitation to manage code, in the food of production, sale mix into enters poisonous, harmful blame food raw material to perhaps sell the criminality that knows perfectly well mix into to have food of poisonous, harmful blame food raw material. Endangering food security is the heat problem that whole society pays close attention to, also be the object that key of our country criminal law penalizes. In view of food safety domain professional with practice medium a complexity of the case, the conduction of this kinds of case is more complex, evidence is examined face quandary. Here, be necessary to examine a point to undertake brief analysis discusses with respect to evidence of this kinds of case, with period academic to criminal law group and branch of judicatory solid Wu benefit somewhat.
Subjective the evidence that knows perfectly well a respect examines a point
One of conduction production, difficulty that sell blame of poisonous, harmful food, depend on how accurate in holding crime to make important document subjective know perfectly well. Production, sale is poisonous, harmful person of behavior of subjective side requirement knows perfectly well food blame, if is subjective and unidentified know, although go up objectively,carried out action of harm food safety, also cannot maintain compose cost suffering. Accordingly, subjective the cognizance that know perfectly well is this kinds of case examines a key, affect blame and the bound cent that are not a blame. Know perfectly well include to know and ought to know. Know to commit a crime namely suspect proper motion confesses, give clearly admit; Ought to know namely illative know perfectly well, it is to be based on subjective see at objective principle, basis advocate objective unified principle, from behavior person objective behavior is illative its are subjective know perfectly well. In judicatory practice, often encounter the situation that guilty suspect is not known perfectly well apologetically or refus does not admit his guilt, what this gives a judiciary to hold behavior person is subjective know perfectly well the difficulty with be brought certain. To this, but from the following 5 respects examine judgement integratedly illative whether to know perfectly well:
Examine guilty suspect wait for an individual from ability of acknowledge of already all previous, professional setting, society fundamental condition. If pass,examine guilty suspect from job time length, can conclude the degree that know perfectly well, the person that generally speaking grows from job time is more subjective than just joining the person of travel the possibility that know perfectly well is larger. Get condemnatory evidence case from its, check its whether Cengyin production, sale is poisonous, harmful administration is punished or food has been assumed civil liability and criminal punish too. If go to ever had had criminal record of this kinds of crime or administration to violate a record for the person, show its are subjective know perfectly well a gender taller.
Examine goods origin channel proper. Investigate the case of upriver supplier, include: Food is packed whether to have licence of sanitation for production of name address, food to wait; The time that offer money is by day still be in the evening; The place that offer money is devious concealment the place trades publicly still the market. If the supplier is offerred " 3 without " commodity, supply means, supply time place to appear unusual, behavior person ought to see place buys food to may be put in safe hidden trouble beforehand, OK and illative piece its are subjective know perfectly well.
Examine food price. Examine purchase price on one hand, go up under the market apparently like purchase price the price of congener food, OK and illative its know food may be put in safe problem; But the cognizance level that whether reachs raw material of food of poisonous, harmful blame, need the verdict of food major appraisal according to particular case and calm. Examine sale price on the other hand. Sale price is apparent under the market regular price, cannot make logical explanation again, OK and illative subjective know perfectly well food to may be put in safe hidden trouble.
Examine guilty suspect or relatives and friends of its family member whether edible the food evidence of its production, sale. If commit a crime,its produce suspect or edible of family member relatives and friends, the food of the sale, general and OK illative crime suspect may not realise the mix into inside food has poisonous, harmful blame food raw material really, because be told from constant manage, if its know food fastens poisonous, harmful food, natural won't edible.
Continue below the circumstance that whether prohibit in concerned branch or gives out safe early-warning production, sale. Because behavior person is suspected of food safety department of administration be concerneded charges the question prohibit production, sale informs his lawfully provision is relevant and safe of knowledge, production of do sth without authorization, sale is poisonous and harmful of food, person of OK and illative behavior is known perfectly well.
Want a place to the checkup of appraisal opinion
Appraisal opinion is cognizance production, sale link of key of crime of poisonous, harmful food. Want to take appraisal opinion seriously to prove motive already, also cannot only measurement of penalty of its decide on a verdict. In judicatory practice, because handle a case,personnel tastes the inadequacy of industry major knowledge to feeding, often overweight the appraisal opinion that relies on food. Should adopt a form to examine to be being examined effectively of appraisal opinion examine photograph union way with essence, because appraisal mistake brings about unjust verdict happening,be on guard. Those who need attention is, sometimes the food that appraisal opinion conclusion thinks to sell does not belong to mix into to enter poisonous, harmful blame food raw material, although do not make this crime, but set related basis criminal law, its behavior makes other crime likely, if go to be known perfectly well for person sale,do not have acceptance label, without the manufacturing date, food that does not have manufacturer home, form a sale possibly not to accord with the food blame of safe level.
When examining appraisal opinion, the form examines the comfortable case that basically is pair of appraisal main body, according to " judicatory appraisal orgnaization registers administrative measure " " judicatory appraiser registers administrative measure " wait for legal file to whether be had to appraisal orgnaization and appraiser legal aptitude and whether to exist to appraiser ought to evasive reach hold case of illicit of course of study undertakes checkup. When essence is examined, cannot examine appraisal conclusion part only, should undertake comprehensive and meticulous examine. Specific and character: Investigate check material source true. Distrain of public security mechanism, extraction, seal up for keeping the procedures of poisonous, harmful food is legal; Check material food whether to wait to agree with name of food of sequestered detailed list, type, appearance, the type of the food sending check of account of a power of attorney of opinion of appraisal of the existence in practice, appraisal, sort and spot are hunted down, the case that sequestered food nots agree with, answer to be checked seriously to this; The time that examines check material extraction and place, deposit the ground is nodded and deposit means, check check material to whether get pollution, degenerative, if check material gets pollution, degenerative or origin is unidentified, should new appraisal, not to be exposed to of this appraisal meaning regards decide on a verdict as the basis.
The checkup of clue of concerned measurement of penalty wants a place
Issue of clue of measurement of penalty passes the personal increase of guilty suspect, concern accident of its term of imprisonment and punishment to plant weight. For this, must accurate examine evidence of clue of measurement of penalty, accomplish punish when its blame.
Measurement of penalty is light clue respect, basically examine whether to exist confess one's crime, the clue such as make contributions. Union reachs case course, point alarm record, interrogatory note, guilty suspect is mixed for narrating the evidence such as testimony of exculpatory, witness, check its to whether accord with surrender cognizance condition. If guilty suspect receives announcement of phone of public security mechanism, tell guilty fact actively to public security mechanism namely, should maintain confess one's crime. In judicatory practice, have treat this kind of condition treat candidly, do not maintain confess one's crime, this is gone against urge travel humanness reform, also go against managing judicatory resource.
Measurement of penalty from heavy clue. Basically examine whether to put in jailbird, recommit to wait to be in a clue from heavy division. Jailbird is legal from heavy punishment clue, through examining criminal record data, check have without had sufferred criminal punishment, the brief of a case that criminal punishs, term of imprisonment, whether to belong to carry out end 5 years in, whether to fasten jailbird in order to make clear. If guilty suspect fastens jailbird, show its are subjective and malign with person danger the gender is compared big, general cannot the blame detain coercive measures such as await trial of applicable be bailed out, in proposal of measurement of penalty, also cannot applicable probation.
The checkup of qualificatory punishment. Food safety law the 135th the 2nd section provision, "Because food safety commits a crime to be sentenced what the set term of imprisonment punishs with torture, lifelong do not manage administrator of company provision safety so that be engaged in food producing. " when handling this case, examine its to whether commit a crime to be sentenced to cross punishment of above of set term of imprisonment because of food safety, if be put in this case, can suggest to feed medicine to supervise a branch to include food to produce management industry to ban list its, privative its continue to be engaged in food safety work related the domain.
(the article is reprinted at " Chinese food signs up for a net " the picture originates network)
