On June 7 morning, the complete province that by Guangdong province procuratorate of people of White Area of report of luxuriant name town mentions case of litigation of accessary and civil commonweal is in criminal of first food safety domain Guangdong saves court of people of White Area of report of luxuriant name town to be adjudged publicly. Person of 5 the accused is sentenced respectively 1 year 3 months differ to 5 years set term of imprisonment, punish gold 10 thousand differ to 50 thousand yuan of RMB. Part of lawsuit of accessary and civil commonweal, person of 5 the accused is paid to punish sexual compensation by the court decision aggregate three million one hundred and fifty-eight thousand four hundred and fifty yuan, pay harmless influence processing cost 110406.29 yuan of RMBs, make an apology publicly to social community in provincial above media.
As we have learned, on March 11, 2017, guangdong saves food medicines and chemical reagents to supervise management board to unite harmonious direct, branch of associated public security to electric White Area treatment of dish of 5 algal kylin manages a dot to adopt spot assault to investigate the operation. The spot closes down raw material of algal kylin course, semi-manufactured goods, finished product, treatment uses additive vitriolic aluminium ammonium, inferior chloric acid natrium and manufacturing treatment appliance one large quantities of, move the case lawfully after send put on record of public security mechanism to investigate. 5 everybody Li Mou of management dot are unripe, severe jade of young of some swallow, Yan Mou, Cai Mou, Fu Mou early or late on March 31, 2017 by punishment arrest, of the same age was arrested on May 6. Of the same age on October 30, procuratorate of people of White Area of report of luxuriant name town is born with Li Mou wait for 5 people to be suspected of production, sale blame of poisonous, harmful food to sue. On April 4, 2018, procuratorate of people of White Area of report of luxuriant name town mentions to court of people of White Area of report of luxuriant name town again with respect to this case criminal is accessary and civil commonweal lawsuit, the request sentences Li Mou to be born etc while 5 people assume criminal responsibility, sentence make 5 people bear experience record algal kylin dish is harmless the cost that influences processing generation, assume recall to already made work algal kylin dish makes experience proposal harmless the cost that influences processing generation, be in respectively to 5 people in order to sell cost the castigatory sex damages of 10 times, apologize publicly in provincial above media. Court of people of White Area of report of luxuriant name town makes public open a court session to incorporate heard this case.
Forensic cognizance is found out, began in April 2016, li Mou of the accused person is born to buy algal kylin food from Africa (renown agar, edible seaweed) , classics Vietnam east commerce of city of each other of the people living on the frontiers that start city, algal kylin dish carry reachs luxuriant name city electric White Area its storehouse, sell the accused person to father again the person such as jade of young of some swallow, Yan Mou, Cai Mou, Fu Mou. The person such as some jade of some young, accord with buys Yan Mou swallow, Yan Mou, Cai algally after kylin dish, use vitriolic aluminium ammonium (say again aluminous) , sea salt undertake machining. The sale with the product good quality after treatment gives jobber of raw material of cold dish of province inside and outside to sell what regard cold and dressed with sause as dish to other feed capable person, quality sells provisions poorly breed door makes feed. Via checking, the person such as Yan Mou swallow sells amount come 315845 yuan. Spot distrain Li Mou the gross of dish of experience case algal kylin of the 5 people such as swallow of unripe, Yan Mou in all 303.13 tons. Via detecting, experience case is algal kylin course raw material, finished product, semi-manufactured goods all check gives aluminous remain, appraisal sample is unqualified. Consult the expert evaluates an opinion, the aluminous incomplete allowance in algal kylin dish already reached experience record " enough causes serious bromatoxism accident other perhaps and serious disease of the sex that feed a cause " . Approved argumentation, dish of algal to sequestered experience case kylin is filled bury harmless change processing to require cost cost in all 110406.29 yuan.
After the court is tried, think, li Mou of the accused person is unripe, severe the behavior that wait belongs to jade of young of some swallow, Yan Mou, Cai Mou, Fu Mou to be machined in food, sale, carry, in the process such as keep in storage, violate food safety standard, exceed set limit to to perhaps exceed limits to abuse additive agent for food, enough causes serious bromatoxism accident other perhaps and serious disease of the sex that feed a cause, case should qualitative the food blame that does not accord with safe level for production, sale. Li Mou is unripe etc 5 people are subjective go up to all have those who know perfectly well is subjective and intended, ought to be a basis in order to check true stock measure to be born to Li Mou conviction punishment, the value of algal kylin dish that reachs with distrain and the amount total that already sold are right the 4 people such as jade of young of Yan Mou swallow, Yan Mou, Cai Mou, Fu Mou conviction punishment. Basis " tort liability law " " about hearing case of food drug issue applicable law the regulation of a certain number of problems " " food safety law " " consume civil commonweal contentious case about cognizance applicable law the explanation of a certain number of problems " wait for concerned regulation, 5 people still ought to bear experience record algal kylin dish is filled bury harmless change processing place to require cost cost, pay earning money paid for something purchased or received for something sold the compensation of 10 times. The behavior of 5 people is right numerous the legitimate rights and interests of not specific consumer is caused damage, nobody hold the right, explain numerous consumer is returned not know the inside story, 5 people still should make an apology through making public, in order to show genuine contrition.
Accordingly, the court adjudicates to criminal part Li Mou of the accused person gives birth to the food crime that commits a sale not to accord with safe level lawfully, sentence a set term of imprisonment 5 years, punish golden RMB 50000 yuan; Swallow of Yan Mou of the accused person makes production, sale do not accord with the food blame of safe level, sentence a set term of imprisonment 3 years, punish golden RMB 30000 yuan; Yan Mou of the accused person makes production, sale do not accord with the food blame of safe level, sentence a set term of imprisonment 1 year 5 months, punish golden RMB 20000 yuan; Some young of Cai of the accused person makes production, sale do not accord with the food blame of safe level, sentence a set term of imprisonment 1 year 3 months, punish golden RMB 10000 yuan; Jade of Fu Mou of the accused person makes production, sale do not accord with the food blame of safe level, sentence a set term of imprisonment 1 year 3 months, punish golden RMB 10000 yuan.
To part of lawsuit of accessary and civil commonweal, swallow of Yan Mou of person of adjudicative the accused pays RMB of castigatory sex compensation 1700000 yuan, pay harmless change processing fee RMB 40676.2 yuan; Yan Mou of the accused person pays RMB of castigatory sex compensation 950000 yuan, pay harmless change processing fee RMB 6373.86 yuan; Some young of Cai of the accused person pays RMB of castigatory sex compensation 501970 yuan, pay harmless change processing fee RMB 2094.26 yuan; Jade of Fu Mou of the accused person pays RMB of castigatory sex compensation 6480 yuan, pay harmless change processing fee RMB 4224.96 yuan; Li Mou of the accused person is unripe pay harmless change processing fee RMB 57037.01 yuan, severe to the accused person compensation enjoys the castigatory sex that jade of young of some swallow, Yan Mou, Cai Mou, Fu Mou assumes implicative liability to pay compensation. Person of 5 the accused is in since the day that adjudicates become effective inside 10 days, in Guangdong province provincial above TV station and whole nation make public the newspaper that publish to go up to make an apology publicly.
