Zhou Bin of legal daily reporter
Blow uses small letter platform to sell false medicine record,
Punish severely production, sale to expire food case,
Case of poisonous to the sale, harmful food 0 patient
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Top people procuratorate was released 8 cases on March 22
Blow of procuratorial work body encroachs case of model of crime of consumer rights and interests
Covered wait to medicines and chemical reagents from birds of commissariat, cultivate, aquatic product, milk powder
The domain of be closely bound up of as daily as consumer life.
Highest check says about chief, these 8 case are procuratorial work mechanism sufficient exercise is approved catch, sue, put on record is supervised, counterappeal, mention the epitome that commonweal lawsuit, procuratorial work suggests to wait for duty of a lot of procuratorial work to protect consumer rights and interests, reflected procuratorial work mechanism to insist to be development thought of the center with people, all-around the sturdy determination that protects consumer rights and interests.
Use small letter platform to sell false drug
Current, use buy in and sell at a profit of tool of network news report fake the case common occurance of commodity, use case of the sale on the net such as small letter to add especially fast apparent. In releasing case this 8 cases, have 2 cases use small letter platform to sell false medicine record.
In Beijing Wang Shuang, Gu Xiaowei is produced, in selling record of false medicine counterappeal, king bright in collusion with its husband Gu Xiaowei, below the condition that did not obtain license of drug production, sale, at Beijing front door east inside dormitory of employee of large stage of road Liu old root, will purchase from other place " capsule of pure Chinese traditional medicine reducing weight " have bottle, envelope, abstain a manual.
Wang Shuang uses platform of the direct seeding that reflect a customer to reduce weight to this medicine undertakes conduct propaganda, use small letter and purchaser are contacted and gathering, contact content to shed enterprise mail to send money by Gu Xiaowei again. Maintain via feeding medical inspect branch,
The person that inquisitor buys drug in understanding this proposal is initiative established dimension authority small letter group hind, join this groups actively and indicated the capacity, through be being communicated actively, answer doubt dispels doubts, knew details of a case deep already, alleviated effectively also partial the injured party is excited extreme mood, for the case smooth and successful boost next dozen of good bases.
This case department uses network method to carry out guilty case in the light of not specific and most person, obtain evidence difficulty is great. For this, inquisitor change train of thought, below the premise that respects daily experience law, according to the principle that is helpful for the accused person, examine opinion of appraisal of evidence of testimony of card of entire case material evidence, book, witness, electron, judicatory to wait for much more phyletic evidence cautiously, maintain guilty amount integratedly to be many yuan 300.
Final, 2 adjudgement are in Wang Shuang set term of imprisonment 10 years 6 months, punish gold 1.8 million yuan; Sentence Gu Xiaowei set term of imprisonment 3 years, punish gold 500 thousand yuan.
In Beijing Sun Qing, Bai Dong double manage illegally, in selling false medicine record, the accused person also is to pass small letter to contact medicines and chemical reagents of buy in and sell at a profit, use assumed name with " health care is tasted " shed a company to deliver goods through content for the name.
Expose a content to shed a company to exist in administrative field in the light of this case problem, if did not fulfill real name to make a demand, did not make opening box strictly to examine goods wait, inquisitor conformity is the same as kind of case to shed a company to make hair procuratorial work suggest to experience case other people, suggest this enterprise is in manage according to standard standard, fulfil close send real name to make, strengthen interior to supervise wait for a respect to undertake rectifying and reform fulfilling, shed business side block to break guilty soil from normative content.
Manufacturing sale expires false and inferior food
Be in 8 cases this in case, have case 2 cases to involve the issue of food expiration period, revealed procuratorial work mechanism to handle a case precise manner.
Production, sale waits in Shanghai Hao Lian Jie, Pan Tonggang in case of false and inferior product, hao Lianjie is seek illegal profit, use Shanghai fine the treatment that decides Ou Naxiang to press down a storehouse to serve as rice produces a workshop, organize the person such as Pan Tonggang to because draw near,be used the reason such as the expiration period, unripe bug, damaged is retreated the rice of goods, alone or mix other rice outfit of new treatment, fill, make after tagging false birth date " beautiful benefit " flower of small Ding of area of card tiger forest land, Qiu Tian, paddy is sweet, northeast long bead is sweet wait for rice, the sale gives couplet China the supermarket, sale amount adds up to 890 thousand multivariate.
This case moves send procuratorial work mechanism to examine when sueing, investigation mechanism and paraclete are right this case view polarity: Investigation mechanism thinks Hao Lianjie pretends to be southern rice northward rice, enter mix into of Chen Mi, broken rice new rice and give the behavior of the sale all attributes production, sale false and inferior product; Paraclete thinks the expiration period of unprocessed food grains that is used at producing experience case rice all amounts to 3 years, the behavior of the manufacturing date of rice of the finished product after Hao Lianjie changes production, fill to install and expiration period does not belong to criminality.
Handle a case after inquisitor undertakes careful analysis to provision of case fact, law, use supermarket of person of clear the accused retreats goods rice (belong to reclaim food) , the regulation that the behavior that unripe bug rice regards raw material as reproduction violated food safety law badly, should maintain for rejected product; The practice of date of production of rice of new spray finished product, expiration period offends person of clear the accused directly the regulation of product quality standard, also ought to maintain for rejected product.
Final, the court sentences Hao Lianjie set term of imprisonment 3 years, punish gold 1.2 million yuan; Adjudicate Pan is the same as firm set term of imprisonment 2 years, punish gold 600 thousand yuan.
And in Shanghai Meng Xin is protected etc in selling record of false and inferior product, meng Xin protects what outside waiting for a person to be opposite, promote is the New Zealand constant that exceeds the expiration period natural whole milk powder, amount to 80.8 tons, sale amount adds up to many yuan 110.
This case is 18 people production, sale one case one of cases of false and inferior range of products. Inquisitor is approved in the checkup of this series case catch, examine in sueing a process, discover clerk of desk of much name experience is at large, think of the clerk bring to justice be helpful for a case not only of all fact make a thorough investigation of, and the clerk is to will expire milk powder turns one of responsibility people to the market directly, many clerk that reason is at large to experience case undertakes chasing chasing after appealing to. Final Meng Xin protects the set term of imprisonment that be sentenced 7 years.
Toxic substance is added in food
Be in 8 cases this in case, 2 rise is manufacturing sale production, sale the case of poisonous, harmful food, severity of procuratorial work mechanism is hit absolutely not show mercy.
Production of Jiangsu Feng Chun Lan, Yao Yong army, sale is poisonous, harmful food case, be peacock a green pigment made of malachite is added in pound. Malachite afforest learns content to fasten drug of poisonous and harmful animal, enough causes serious harm to human body health.
Procuratorate of peaceful state city understands in visitting investigation, peaceful state city farming appoint in safety of aquatic product quality special punish acts in, from one aquiculture door detect in piscine sample a banned material malachite is green, city of proposal peaceful state farming appoint move this case send public security mechanism to investigate. Peaceful state city farming appoint think, the put a peacock on a green pigment made of malachite aquatic product that discovers in the examination has 146 kilograms only, value of amount, proposal is lesser; And if move this clew,send investigate, the likelihood brings negative effect to local aquiculture course of study, reason did not turn over public security mechanism to handle.
Procuratorate of peaceful state city takes action instantly, hold have public security, farming appoint the harmonious meeting that waits for a branch to attend, unified understanding, give up apprehension, subsequently to city farming appoint give out " the proposal moves send be suspected of guilty case casing " , city farming appoint move this case send public security office.
After put on record of public security mechanism, the member that procuratorate of peaceful state city is sent quickly intervenes ahead of schedule. Guide public security mechanism to dig origin of peacock a green pigment made of malachite on one hand, in order to decide the case investigates direction and limits; On the other hand mechanism of requirement public security obtains evidence in the round, want to be in the chemical that deposit to undertake detecting to guilty suspect not only, make clear property, undertake detecting to already putting the breed aquatics of peacock a green pigment made of malachite on fish even. In the meantime, collect suspect of witness testimony, crime extensively for narrating, seasonable and sequestered objective, get bill of buying and selling, reach in order to confirm existence puts malachite on green behavior subjective and intended.
Final, the court sentences Feng Chunlan set term of imprisonment 3 years 6 months, punish gold 330 thousand yuan; Sentence set term of imprisonment of Yao Yong Jun 3 years, probation 3 years, punish gold 250 thousand yuan, prohibit Yao Yong Jun in probation food production, sale and relevant activity undertake inside test period.
Handle a case in the process, procuratorate of peaceful state city still gives out procuratorial work to suggest to drive peaceful state city farming appoint begin special punish, the examination that increases pair of aquatic product breed aquatics, detect strength, reiterate further prohibit adding banned substance illegally in aquatic product. In addition, drive peaceful state city to add the special punish of banned material illegally energetically again, combine city farming appoint advance vegetable pesticide to use by the industry, aquatic product of birds of lean lean essence, cultivate violates accretion to wait for special processing character, investigate administration to violate a case in all 42, move send criminal case 4.
In Anhui Wang Ji group, Zhang Jiajiang is produced, in selling record of poisonous, harmful food, involve medicaments of live pig inject and the problem of affusion.
In this case, via examining, the in having label medicaments and fluid of pig make water check of case discovery field gives adrenalin, but whether is adrenalin contained in pork, pork liver not conclude. Public security mechanism in order to send check sample pork, pork liver in not check goes out reject to suffer for poisonous, harmful material case. Procuratorial work mechanism deals with the successful experience of similar case through drawing lessons from an other place, the administration in settling this case executes the law mechanism and problem of judiciary understanding divergent, ensure of the case investigate and deal with sb smoothly.
Final, the court sentences person of 2 the accused respectively set term of imprisonment a year 2 months, punish gold 10 thousand yuan.
Additionally 2 case are: Case of advertisement of false medicines and chemical reagents of TV station of county of Hunan Hunan shade and fine of Jiangxi Guo Yi are sulfureous and fumigated edible chili is civil commonweal litigation case.
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