"So how to interpret the provisions of Article 54 of the Food Sanitation Law of the People's Republic of China?" Zhou Qiming asked with a smile.

He and Li Xiangrui are good friends, and the two of them have also been angry about the situation of the case before, so their opinions are relatively consistent.

Now Wan Kefa and Xing Tianzheng oppose him and Li Xiangrui's views face to face, and they say it so directly, they don't know tactfulness at all, which makes him feel a little unhappy.

"Lawyer Fang, tell everyone about your understanding." Wan Kefa kicked the ball to Fang Yi.

Originally, Fang Yi watched a few white-haired old guys pinching quite fiercely, and was about to sit on the mountain and watch the tiger fight, but Wan Kefa suddenly pulled him off the field. Fang Yi understood that this was Wankefa recommending himself to his seniors in the circle. Relying on heaven and earth to rely on teachers, it is better to rely on one's own profession to make a reputation that is convincing and convincing.

But Fang Yi also has his own concerns, it is very easy to offend people if he is so hard-hearted, but then again, if you want to be famous, there will be open and secret battles, and you will offend people, and it will not be a big thing to look forward to it. Fang Yi gritted his teeth, how can he love it.

"In my opinion, Article 54 of the Food Sanitation Law, which excludes aquaculture and planting from the concept of food production, is intended to indicate that aquaculture and planting are industries that are under the management of the agricultural administrative department and not under the management of the health administrative department, that is, the above provision is intended to distinguish the scope of competence of the two administrative departments, and not to indicate that the aquaculture and planting industry objectively do not produce food.

The term 'food' as provided for in Article 144 of the Criminal Law shall include all kinds of finished products and products thereof intended for human consumption or drinking. Fang Yi said.

"I have reservations about Lawyer Fang's explanation.

In my opinion, feeding pigs with clenbuterol, a toxic and harmful non-food raw material, does not amount to directly adulterating non-food raw materials such as clenbuterol into pork, and cannot constitute the crime of producing toxic and harmful food. Li Xiangrui felt that he couldn't find a better way to explain, but he didn't want to lose face, so he changed the topic.

Wan Kefa kicked Fang Yi on the side with his toes, signaling him to go back.

"Well, let me talk about my personal opinion, I think Mr. Li's view is flawed, it is too formal, and ignores the essence of the act.

Feeding pigs with 'Clenbuterol' will result in toxic substances in the pork, which is what everyone has just recognized. This is actually no different from the direct adulteration of toxic substances into pork, and the actions of the pig farm can be fully identified as the production of toxic food.

In this case, Zhang Wantian, as the operator and manager of a medium-sized pig farm, knew that 'Clenbuterol' was a feed additive prohibited by the state, but still used Clenbuterol to feed pigs, resulting in the poisoning of many consumers after eating pork, and his behavior constituted the crime of producing and selling toxic food. Fang Yi said.

"I agree with Lawyer Fang. In addition, the crime of producing and selling toxic and harmful food provided for in Article 144 of the Criminal Law is a selective crime.

In this case, the defendant Zhang Wantian's production and sale of food containing 'clenbuterol' is a poisonous food, so the crime of producing and selling toxic food can only be applied, and the crime of 'producing and selling toxic and harmful food' should not be applied. Xing Tianzheng said.

His words were aimed at Li Xiangrui's speech just now, and the meaning was very clear: You, Li Xiangrui, were not rigorous enough. implicitly said that Li Xiangrui's professional level is not good. Obedient and listening, everyone present could tell that this was embarrassing Lawyer Li, Li Xiangrui's face was not very good-looking, and he looked a little embarrassed.

"Now everyone has basically formed two opinions, one is that it does not constitute the crime of producing and selling poisonous food; The other is to constitute the crime. If it does not constitute the crime, it is naturally easy to deal with, but if it does, how should it be sentenced? I don't know what your opinion is. Hua Liancheng saw that it was not good to continue fighting like this, so he changed the topic in time.

"Since Lawyer Fang said that the crime of producing and selling poisonous food is constituted, it is better for Lawyer Fang to talk about the sentencing issue first." Professor Zhou said neither yin nor yang.

Fang Yi glanced at Professor Zhou, and said secretly in his heart: Yes! This man is offended! If you offend, you will offend, Lao Tzu eats by ability, not by salary.

"Okay, I'll give you my opinion.

According to article 5 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of the Production and Sale of Counterfeit and Shoddy Goods", "Where toxic or harmful food produced or sold causes minor or serious injuries or other serious consequences after it is eaten, it shall be found to be 'causing serious harm to human health' as provided for in Article 144 of the Criminal Law."

Where toxic or harmful food produced or sold causes serious disability, serious injury to three or more persons, minor injury to 10 or more persons, or other particularly serious consequences after being eaten, it shall be found to have caused 'particularly serious harm to human health'.

In this case, Zhang Wantian's production and sale of poisonous food caused more than 200 consumers to suffer from symptoms of poisoning to varying degrees, and they have basically recovered after simple treatment, and have not caused serious harm to human health, such as minor injuries or sequelae.

Based on the circumstances of the case, I believe that it is more appropriate to apply the first level of punishment to Zhang Wantian, who is sentenced to fixed-term imprisonment of not more than five years and a fine. Of course, I gave my suggestion in the absence of other evidence in this case, and the specific sentencing depends on the trial situation. Fang Yi said.

……

In the director's office, Wan Kefa was proud, but Fang Yi on the opposite side was a little uncalm in his heart.

"Lao Wan, will you make too many enemies like this?" Fang Yi asked.

"What are you afraid of, they are not as good as others in terms of ability, so they have to be willing to admit defeat. In terms of resources, we are not afraid of them, if it weren't for the media to fool the case, he Li Xiangrui would be a stall goods, and he is not at the same level as us.

When I was practicing in the city, Li Xiangrui was just a lawyer in a small law firm, and in order to make money, he was often complained.

Later, I didn't know whose relationship it was, how much money I stuffed into others, I got on TV, and I began to fool the people, and I raised four or five lawyers under my hands to take on some short cases of parents. His old background is known to older lawyers in the circle. I don't have any real skills. Wan Kefa said dismissively.

"Well, I heard Lao Huang mention this person before. By the way, who is that Xing Tianzheng? I see you talked to him for a long time after the meeting. Fang Yi asked.

"Speaking of which, we don't know each other, back then being a lawyer was not as detailed as now, a lawyer did criminal, civil, litigation, non-litigation everything.

Because I have some resources, I do a lot of criminal cases, and he often tries the cases I handle, and we get acquainted with each other. ”

After speaking, Wan Kefa picked up the teacup, took a sip of tea, and raised his eyes to look at Fang Yi: "Don't think about it, we are serious heroes and heroes, and we become friends because of our professional ability, not the relationship between eating and drinking." ”

(End of chapter)