Reporter | Yan Yujing
According to city file of countersign of fair, check, law, department is made clear, since January 1, 2018, courtyard of Shanghai iron check is centered administer case of criminal of first instance of safety of medicines and chemical reagents of food of this city harm. A year many since, work administer around concentration requirement, exploration specializations handle a case mode, compose establishs working mechanism, punish severely safety of harm food medicines and chemical reagents to commit a crime, to make Shanghai construction the city with countrywide food the safest medicines and chemical reagents contributes procuratorial work force.
On June 25 afternoon, courtyard of Shanghai iron check reports this courtyard to handle case of criminal of first instance of safety of harm food medicines and chemical reagents main condition and " sell false and inferior seed, harmful food, false drug " wait for case of criminal of food medicines and chemical reagents.
The reporter understands, come from January 2018 June 2019, courtyard of Shanghai iron check accepts public security mechanism to submit to to approve safety of apprehension harm food medicines and chemical reagents in all case of first instance criminal (the following abbreviation " feed medicine kind case " ) 213 331 people, via examining, approval arrests 173 255 people; Accept public security mechanism to move in all send examine sue feed medicine kind case 211 316 people, via examining, to sue 186 242 people, adjudicate 171 211 people.
The process is conducted actually in the case in, feed medicine kind the case basically shows the following two trends: It is sort of medicines and chemical reagents of experience proposal provision is shown new-style change, diversification trend. 2 it is criminality shows systematism, chain to change, cross area to turn a tide.
According to introducing, use medical security to ensure public food, advance this city construction of system of credit of safety of food medicines and chemical reagents, courtyard of Shanghai iron check and each area feed medical inspect bureau to build food medicines and chemical reagents to violate manufacturing operator and relevant personnel key badly to superintend list (say again " blacklist " ) , form join effectively. Namely courtyard of Shanghai iron check sends relevant case telegram to each area to feed medical inspect bureau, feed medical inspect bureau to appear in the newspaper to feed medical inspect bureau to Shanghai by the area again, classics list is published after choosing. It is reported, enter this " blacklist " hind, concerned personnel will be prohibited pursueing job of the production related to the industry that feed medicine, sale inside particular fixed number of year.
[case of criminal of food medicines and chemical reagents] case one: Some sells Chen Mou case of false and inferior seed
[brief introduction of details of a case]
Came in March 2016 in June, some is holding the position of Chen Mou of the accused person Shanghai salesperson of limited company of some seed of Shanghai of some institute subordinate (also belong to institute researcher) during, through forging, change the means of seminal label, with " WB-210 " asparagus seed is pretended to be " Gelande " asparagus seed sale is cultivated to this city asparagus door add up to 26.5 canister. Rose in March 2017, afore-mentioned asparagus are cultivated door in cultivate a holiday " Gelande " discover asparagus drives forked, yield prematurely after the seed the circumstance such as difference of sex of low, commodity. Via Shanghai science and technology of some area vegetable popularizes bacterium of vegetable edible of station, Shanghai guild is calculated reach " occupation standard of agriculture of technical regulations for production of asparagus of People's Republic of China " relevant provision, chen Mou of the accused person some sale is false " Gelande " seed, to this city asparagus is cultivated door cause manufacturing loss to add up to more than yuan 640 thousand.
[handle a result]
This academy with Chen Mou of the accused person on November 27, 2018 some is suspected of selling blame of false and inferior seed to carry forensic to sue to Shanghai railroad, shanghai railroad carries a court to sell blame of false and inferior seed at adjudicating some makes Chen Mou of the accused person on December 19, 2018, sentence a set term of imprisonment 3 years, probation 3 years, punish golden RMB 110 thousand yuan.
[the opinion that review analyse]
Produce as agriculture " lifeblood " , seminal quality safety mattered to a farmer one year directly the stand or fall of harvest, sell false and inferior seed to endanger the security of national commissariat badly, also damaged people legal interest. This case regards this city as first sales case of false and inferior seed, expose some institute and management of presence of subordinate seed company adequately non-standard, inside control a system diseased, superintendency mechanism is not perfect wait for a problem, make its in-house thereby the identity diddle that researcher, salesperson has an opportunity to use its unit prestige and oneself researcher is cultivated door accredit. Commit a crime for organizational system of shot-off of loss, precaution, this academy to Shanghai on March 1, 2019 some institute makes hair procuratorial work suggest hand-in-hand travel publishs declaration, some institute strengthens proposal Shanghai interior of company management, perfect financial institution, aggrandizement is supervised. Be suggested to after the unit receives procuratorial work to suggest, study seriously, answer case to express to undertake quickly already rectifying and reform fulfilling.
Case 2: The 2 people such as some sell Zhu Mou illegally, buy blame of precious, endangered wild animal, sale case of poisonous, harmful food[brief introduction of details of a case]
Came in November 2017 during December, some is in Zhu Mou of the accused person know perfectly well wild animal birds kind the department is issued by the circumstance of pesticide poison, buy wantonly from other place, through depilating simply processing hind adds valence to sell other again. On December 6, 2017, some is in Yang Mou of the accused person know perfectly well wild birds kind the department is issued by the circumstance of pesticide poison, collect oneself and other in all 9 wild birds kind belt to Zhu Mou some sells in the home. Trade in the process, some discovers Zhu Mou of the accused person afore-mentioned birds kind in the country protects animal an affectionate couple to inform Yang Mou namely some, zhu Mou still sells entirely after Yang Zhi all some, bright red such-and-such Yi Yu gives its RMB 450 yuan with buy and paying. On December 6, 2018, zhu Mou of the accused person some is captured by public security mechanism and assisted public security mechanism to seize Yang Mou some.
After case hair, public security mechanism from Zhu Mou some hunts down death in the home wild birds kind 40, birds kind feather 2 box, from Yang Mou somewhere hunts down death wild birds kind 3, hunt down Zhu Mou of the accused person from other place the death that some sells its before this is feral birds kind 6. Classics appraisal, 40 birds that from Zhu Mou somewhere hunts down kind in have mallard 11, green wing duck 2, spot mouth duck 26, an affectionate couple 1, among them an affectionate couple belongs to a country 2 class protect wild animal. Via detecting, 49 when afore-mentioned hunting down wild birds kind in gastric content all check gives furan red (namely Ke Baiwei) poison composition, extract 10 birds randomly from which kind check of the Yi Jun in musculature and liver organization gives part of furan erysipelas content.
[handle a result]
This academy with the accused person on September 10, 2018 some is suspected of Zhu Mou buying blame of precious, endangered wild animal and sale illegally some is suspected of Yang Mou of person of blame of poisonous, harmful food, the accused selling blame of precious, endangered wild animal illegally, carry forensic to sue to Shanghai railroad. On December 6, 2018, some makes Zhu Mou of person of the accused of court decision of Shanghai railroad carriage court sell blame of poisonous, harmful food, sentence a set term of imprisonment 2 years 6 months, punish golden RMB 10 thousand yuan; Make buy blame of precious, endangered wild animal illegally, sentence a set term of imprisonment one year, punish golden RMB 1000 yuan 2, the decision carries out a set term of imprisonment 3 years, punish golden RMB 10 thousand 1000 yuan 2; Adjudicate some makes Yang Mou of the accused person sell blame of precious, endangered wild animal illegally, sentence a set term of imprisonment one year, probation a year, punish golden RMB 1000 yuan 2.
[the opinion that review analyse]
Catch through casting poisonous means hunt, kill feral and avian behavior is in this city suburban district to still happen from time to tome, at the same time companion is born with picking up, buy and sell by poison avian thereby obtain is illegal the person of a batch of criminality of the interest, these criminality people are around resident normally, right avian it is to knot stomach be knowinged by poison heart bright, but still sell him to be fed artificially. In the avian flesh in this case, be given by check furan red composition, dependency home runs domestic tall poisonous article strictly, the person once the poisonous meat products that edible contains afore-mentioned chemical part, produce great harm to health likely.
In the meantime, in this case, still expose bird giving poison, gather the bird, person that sells a bird to poison avian whether to belong to the state of mind that expensive, endangered wild animal shows Guo Jiazhen to be indifferent to right-down, knowing perfectly well is the country protects animal an affectionate couple to still give buying and selling, serious enroach on the country is right precious, endangered wild animal the protection of this one important rich.
Case 3: The 2 people such as some sell Ji Mou false drug case[brief introduction of details of a case]
Rose in October 2017, season of the accused person some is in such-and-such, Wang Mou to did not obtain card of qualification of licence of industrial and commercial business charter, medical establishment, doctor and doctor hold below the circumstance of industry card, in this city treasure mountain area is collective and contributive run some hairdressing store, the hairdressing injection such as acid of make water of needle of thin to export carry out face, water smooth needle, dissolve fat needle, Bo offers inject to serve. During managing, 2 people are sold jointly " Botulax 100 " , " articulatory function improves an agent " each 1, sale amount adds up to RMB more than yuan 2700. On Feburary 28, 2018, policeman jointly with defend a committee of planning to execute the law personnel is checked to this inn, hunt down on the spot " Botulax 100 " 2, " BOTOX " 1, " articulatory function improves an agent " 7, " AURAR " 2, shack such-and-suchly in season after part is other hunt down " ASCORBIC ACID " 39. Market of region of classics Shanghai treasure mountain supervises management board to maintain, injection of afore-mentioned 5 kinds of hairdressing that are hunted down already had feature of medicines and chemical reagents, register without approval, should press false drug decide on sb's punishment lawfully.
[handle a result]
This academy with season of the accused person on June 5, 2018 some is suspected of such-and-such, Wang Mou crime of sale false drug carries forensic to sue to Shanghai railroad. On June 14, 2018, season of person of the accused of court decision of Shanghai railroad carriage court some makes such-and-such, Wang Mou crime of sale false drug, all sentence arrest battle 4 months, probation 4 months, punish golden RMB 4000 yuan, prohibit in probation be engaged in waiting for concerned activity with drug production, sale inside test period.
Thereafter, season is such-and-such with Wang Mou some is fed by Shanghai medical inspect bureau includes medicines and chemical reagents of this city food to violate manufacturing operator and key of relevant responsibility personnel badly to superintend list, from its penalty carries out ending day to rise 10 years inside must not be engaged in medicines and chemical reagents, production running an activity, superintendency bureau of city food medicines and chemical reagents is inside time limit, do not grant to accept its to put forward hold the enrollment of apothecary of course of study applies for, the main controller that supervisory bureau of superintendency bureau of city food medicines and chemical reagents or region market does not grant to accept its to produce management business as medicines and chemical reagents or the application of quality controller.
[the opinion that review analyse]
Basis " endanger case of criminal of safety of medicines and chemical reagents about dealing with applicable law the explanation of a certain number of problems " eleventh regulation, to making the criminal that sells false drug crime, of applicable probation, ought to proclaim at the same time prohibit making, prohibit criminal in probation drug production, sale and relevant activity undertake inside test period. But in practice, prohibit merely apparently criminal in probation relevant activity is engaged in appearing inside test period insufficient still. For this, to ensure safety of food medicines and chemical reagents further, advance this city construction of system of credit of safety of food medicines and chemical reagents, according to " Shanghai food medicines and chemical reagents violates manufacturing operator and key of relevant responsibility personnel badly to superintend list government measure " requirement, ministry of the 3rd procuratorial work assists courtyard of check of my Shanghai iron the manufacturing operator that such as Ji Mou some waits for to have criminal record of food drug crime one batch includes market superintendency bureau this city food medicines and chemical reagents violates manufacturing operator and key of relevant responsibility personnel badly to superintend list, enter this " blacklist " hind, concerned personnel will be prohibited pursueing job of the production related to the industry that feed medicine, sale inside particular fixed number of year. Criminal punishment and " blacklist " between join effectively, will use medical security to ensuring people food, advance this city construction of system of credit of safety of food medicines and chemical reagents brings positive action.
