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| Notice by the Supreme People's Procuratorate of Issuing the Fourth Group of Guiding Cases | | 最高人民检察院关于印发第四批指导性案例的通知 |
| (No. 2 [2014], Supreme People's Procuratorate on February 20, 2014) | | （高检发研字[2014]2号 2014年2月20日） |
| The people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Procuratorate of the People's Liberation Army; and the People's Procuratorate of Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市人民检察院，军事检察院，新疆生产建设兵团人民检察院： |
| Upon decision of the 17th Session of the Twelfth Procuratorial Committee of the Supreme People's Procuratorate on February 19, 2014, the case about Liu Liguo's production and sale of toxic and harmful food and production and sale of counterfeit and inferior products and four other cases are hereby issued as the fifth group of guiding cases for reference in the trial of similar cases. | | 经2014年2月19日最高人民检察院第十二届检察委员会第十七次会议决定，现将柳立国等人生产、销售有毒、有害食品，生产、销售伪劣产品案等五个案例印发你们，供参考。 |
| People v. Liu Liguo et al. for production and sale of toxic and harmful food and production and sale of counterfeit and inferior products | | 柳立国等人生产、销售有毒、有害食品，生产、销售伪劣产品案 |
| (Guiding Case No. 12) | | （检例第12号） |
| [Keywords] | | 【关键词】 |
| Crime of producing and selling toxic and harmful food; crime of producing and selling counterfeit and inferior products | | 生产、销售有毒、有害食品罪 生产、销售伪劣产品罪 |
| [Key Points] | | 【要旨】 |
| Where, knowing that the other party is an edible oil dealer, a person still processes kitchen waste cooking oil (commonly known as “illegally recycled waste cooking oil”) to inferior grease and sells such inferior grease to the other party, resulting in the flow of such inferior grease to the edible oil market for human consumption, the acts of the person constitute the crime of producing and selling toxic and harmful food; where, knowing that the grease dealer sells soybean oil and other edible oil to manufacturers of feedstuffs and drug products, a person still sells inferior grease processed with kitchen waste cooking oil to the other party, leading to the flow of inferior grease to manufacturers of feedstuffs and drug products, the acts of the person constitute the crime of producing and selling counterfeit and inferior products. | | 明知对方是食用油经销者，仍将用餐厨废弃油（俗称“地沟油”）加工而成的劣质油脂销售给对方，导致劣质油脂流入食用油市场供人食用的，构成生产、销售有毒、有害食品罪；明知油脂经销者向饲料生产企业和药品生产企业等单位销售豆油等食用油，仍将用餐厨废弃油加工而成的劣质油脂销售给对方，导致劣质油脂流向饲料生产企业和药品生产企业等单位的，构成生产、销售伪劣产品罪。 |
| [Relevant Legislation] | | 【相关立法】 |
| Article 144, Article 140, and paragraph 1 of Article 141 of the Criminal Law of the People's Republic of China | | 《中华人民共和国刑法》第一百四十四条 第一百四十条 第一百四十一条第一款 |
| [Basic Facts] | | 【基本案情】 |
| Defendant Liu Liguo, male, from Shandong Province, born in 1975, former actual operator of Shandong Jinan Bohui Biotechnology Co., Ltd. (hereinafter referred to as “Bohui Company”) and Shandong Jinan Gelin Bioenergy Co., Ltd. (hereinafter referred to as “Gelin Company”). | | 被告人柳立国，男，山东省人，1975年出生，原系山东省济南博汇生物科技有限公司（以下简称博汇公司）、山东省济南格林生物能源有限公司（以下简称格林公司）实际经营者。 |
| Defendant Lu Jun, male, from Shandong Province, born in 1968, former person incharge of production of Bohui Company. | | 被告人鲁军，男，山东省人，1968年出生，原系博汇公司生产负责人。 |
| Defendant Li Shujun, male, from Shandong Province, born in 1974, former purchasing officer of Bohui Company and Gelin Company. | | 被告人李树军，男，山东省人，1974年出生，原系博汇公司、格林公司采购员。 |
| Defendant Liu Lihai, male, from Shandong Province, born in 1965, formerly managing logistic employee of Gelin Company and other enterprises. | | 被告人柳立海，男，山东省人，1965年出生，原系格林公司等企业管理后勤员工。 |
| Defendant Yu Shuangying, male, from Shandong Province, born in 1970, former employee of Gelin Company. | | 被告人于双迎，男，山东省人，1970年出生，原系格林公司员工。 |
| Defendant Liu Fanjin, male, from Shandong Province, born in 1975, former driver of Bohui Company and Gelin Company. | | 被告人刘凡金，男，山东省人，1975年出生，原系博汇公司、格林公司驾驶员。 |
| Defendant Wang Bo, male, from Shandong Province, born in 1981, former driver of Bohui Company and Gelin Company. | | 被告人王波，男，山东省人，1981年出生，原系博汇公司、格林公司驾驶员。 |
| From 2003, defendant Liu Liguo has operated a grease processing plant located in Kongcun Town, Pingyin County, Shandong Province, which was then renamed to Zhongxing Fatty Acid Methyl Ester Plant and switched its business to recycling and reprocessing of kitchen waste cooking oil (commonly known as “illegally recycled waste cooking oil”). In March 2009 and June 2010, Liu Liguo registered and formed Bohui Company and Gelin Company, expanded production, and further processed and refined illegally recycled waste cooking oil to inferior grease. From December 2007, Liu Liguo had purchased illegally recycled waste cooking oil from Sichuan, Jiangsu, Zhejiang, and other places and processed and refined it to inferior grease. Knowing that others passed the inferior refined oil they purchased from him off as normal soybean oil and other edible oil, Liu Liguo still sold the aforesaid inferior grease to others for seeking profits. Liu Liguo successively sold the processed and refined inferior grease to Shandong Liaocheng Changquan Grain and Oil Industrial Company and Henan Zhengzhou Hongda Grain and Oil Trading Firm (punished in another case) engaging in the business of edible oil. Knowing that the inferior grease they purchased from Liu Liguo was processed from illegally recycled waste cooking oil, the aforesaid grain and oil companies still sold it directly, or after blending, to individual grain and oil shops, snack bars, food processing plants, and school canteens, or passed it off as soybean oil and grease and sold it to enterprises engaging in the processing of feedstuffs and drug products. Up to July 2011 when the crime was exposed, the acts of Liu Liguo and other persons had eventually led to the flow of inferior grease with the value of over 9.26 million yuan to the edible oil market for human consumption and flow of inferior grease with the value of over 90.65 million yuan to the non-edible oil processing market. | | 自2003年始，被告人柳立国在山东省平阴县孔村镇经营油脂加工厂，后更名为中兴脂肪酸甲酯厂，并转向餐厨废弃油（俗称“地沟油”）回收再加工。2009年3月、2010年6月，柳立国又先后注册成立了博汇公司、格林公司，扩大生产，进一步将地沟油加工提炼成劣质油脂。自2007年12月起，柳立国从四川、江苏、浙江等地收购地沟油加工提炼成劣质油脂，在明知他人将向其所购的劣质成品油冒充正常豆油等食用油进行销售的情况下，仍将上述劣质油脂销售给他人，从中赚取利润。柳立国先后将所加工提炼的劣质油脂销售给经营食用油生意的山东聊城昌泉粮油实业公司、河南郑州宏大粮油商行等（均另案处理）。前述粮油公司等明知从柳立国处购买的劣质油脂系地沟油加工而成，仍然直接或经勾兑后作为食用油销售给个体粮油店、饮食店、食品加工厂以及学校食堂，或冒充豆油等油脂销售给饲料、药品加工等企业。截止2011年7月案发，柳立国等人的行为最终导致金额为926万余元的此类劣质油脂流向食用油市场供人食用，金额为9065万余元的劣质油脂流入非食用油加工市场。 |
| During the period, recruited by Liu Liguo, defendant Lu Jun was responsible for establishment and management of Gelin Company; defendant Li Shujun was responsible for purchase of illegally recycled waste cooking oil and he was once worked in the fractionation workshop of Gelin Company; defendant Liu Lihai engaged in logistics work; defendant Yu Shuangying was responsible for maintenance of machinery equipment and management of the hydrolysis workshop of Gelin Company; defendant Liu Fanjin transported finished grease as a driver; defendant Wang Bo transported semi-finished products and sewage in the plant as a driver and provided his individual account for collecting and making payment for goods. The aforesaid defendants still provided Liu Liguo with assistance while they knew that Liu Liguo processed inferior grease with illegally recycled waste cooking oil and sold such grease to others. In particular, the value of inferior grease the production and sale of which Lu Jun and Yu Shuangying participated in and that was sold to the edible oil market was over 1.34 million yuan for each them, over 7.65 million yuan for Li Shujun, over 4.57 million yuan for Liu Lihai, over 1.38 million yuan for Liu Fanjin, and over 2.7 million yuan for Wang Bo; and the value of inferior grease the production and sale of which Lu Jun and Yu Shuangying participated in and that was flowed into the non-edible oil market was over 6.99 million yuan for each of them, over 90.65 million yuan for Li Shujun, over 49.61 million yuan for Liu Lihai, over 22.21 million yuan for Liu Fanjin, and over 65.34 million yuan for Wang Bo. | | 期间，经被告人柳立国招募，被告人鲁军负责格林公司的筹建、管理；被告人李树军负责地沟油采购并曾在格林公司分提车间工作；被告人柳立海从事后勤工作；被告人于双迎负责格林公司机器设备维护及管理水解车间；被告人刘凡金作为驾驶员运输成品油脂；被告人王波作为驾驶员运输半成品和厂内污水，并提供个人账户供柳立国收付货款。上述被告人均在明知柳立国用地沟油加工劣质油脂并对外销售的情况下，仍予以帮助。其中，鲁军、于双迎参与生产、销售上述销往食用油市场的劣质油脂的金额均为134万余元，李树军为765万余元，柳立海为457万余元，刘凡金为138万余元，王波为270万余元；鲁军、于双迎参与生产、销售上述流入非食用油市场的劣质油脂金额均为699万余元，李树军为9065万余元，柳立海为4961万余元，刘凡金为2221万余元，王波为6534万余元。 |
| [Litigation Process] | | 【诉讼过程】 |
| On July 5, 2011, Liu Liguo, Lu Jun, Li Shujun, Liu Lihai, Yu Shuangying, Liu Fanjin, and Wang Bo were criminally detained on the grounds that they were suspected of committing the crime of producing and selling food not conforming to safety standards and on August 11, they were arrested. | | 2011年7月5日，柳立国、鲁军、李树军、柳立海、于双迎、刘凡金、王波因涉嫌生产、销售不符合安全标准的食品罪被刑事拘留，8月11日被逮捕。 |
| After the conclusion of investigation, this case was transferred to the People's Procuratorate of Ningbo City, Zhejiang Province for examination and prosecution. After examination, the People's Procuratorate of Ningbo City, Zhejiang Province held that: In violation of national laws and regulations on food management, defendants Liu Liguo, Lu Jun, Li Shujun, Liu Lihai, Yu Shuangying, Liu Fanjin, and Wang Bo produced and processed kitchen waste cooking oil and other non-food ingredients in collusion, passed non-edible oil containing toxic and harmful substances off as edible oil, and sold it for human consumption. Their acts had seriously harmed the public's physical health and life safety and violated the provisions of Article 144 of the Criminal Law of the People's Republic of China. With clear crime facts and reliable and sufficient evidence, they should be investigated for criminal liabilities for committing the crime of producing and selling toxic and harmful food. Defendants Liu Liguo, Lu Jun, Li Shujun, Liu Lihai, Yu Shuangying, Liu Fanjin, and Wang Bo also violated the national laws and regulations on food management, produced and processed kitchen waste cooking oil and other non-food ingredients in collusion, sold processed and refined non-edible oil by passing it off as edible oil, and sold it to enterprises engaging in processing of feedstuffs and drug products. Their acts violated the provisions of Article 140 of the Criminal Law of the People's Republic of China. With clear crime facts and reliable and sufficient evidence, they should be investigated for criminal liabilities for committing the crime of producing and selling counterfeit and inferior products. On June 12, 2012, the People's Procuratorate of Ningbo City instituted a public prosecution to the Intermediate People's Court of Ningbo City on the grounds that Liu Liguo and other defendants committed the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products. | | 该案侦查终结后，移送浙江省宁波市人民检察院审查起诉。浙江省宁波市人民检察院经审查认为，被告人柳立国、鲁军、李树军、柳立海、于双迎、刘凡金、王波违反国家食品管理法规，结伙将餐厨废弃油等非食品原料进行生产、加工，并将加工提炼而成且仍含有有毒、有害物质的非食用油冒充食用油予以销售，并供人食用，严重危害了人民群众的身体健康和生命安全，其行为均触犯了《中华人民共和国刑法》第一百四十四条，犯罪事实清楚，证据确实充分，应当以生产、销售有毒、有害食品罪追究其刑事责任。被告人柳立国、鲁军、李树军、柳立海、于双迎、刘凡金、王波又违反国家食品管理法规，结伙将餐厨废弃油等非食品原料进行生产、加工，并将加工提炼而成的非食用油冒充食用油予以销售，以假充真，销售给饲料加工、药品加工单位，其行为均触犯了《中华人民共和国刑法》第一百四十条，犯罪事实清楚，证据确实充分，应当以生产、销售伪劣产品罪追究其刑事责任。2012年6月12日，宁波市人民检察院以被告人柳立国等人犯生产、销售有毒、有害食品罪和生产、销售伪劣产品罪向宁波市中级人民法院提起公诉。 |
| On April 11, 2013, the Intermediate People's Court of Ningbo City entered a judgment of first instance: Defendant Liu Liguo should be sentenced to life imprisonment with deprival of political rights for life and confiscation of all his personal property for committing plural crimes including the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products; defendant Lu Jun should be sentenced to imprisonment of 14 years with a fine of 400,000 yuan for committing plural crimes including the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products; defendant Li Shujun should be sentenced to imprisonment of 11 years with a fine of 400,000 yuan for committing plural crimes including the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products; defendant Liu Lihai should be sentenced to imprisonment of ten years and six months with a fine of 400,000 yuan for committing plural crimes including the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products; defendant Yu Shuangying should be sentenced to imprisonment of ten years with a fine of 400,000 yuan for committing plural crimes including the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products; defendant Liu Fanjin should be sentenced to imprisonment of seven years with a fine of 300,000 yuan for committing plural crimes including the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products; and defendant Wang Bo should be sentenced to imprisonment of seven years with a fine of 300,000 yuan for committing plural crimes including the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products. | | 2013年4月11日，宁波市中级人民法院一审判决：被告人柳立国犯生产、销售有毒、有害食品罪和生产、销售伪劣产品罪，数罪并罚，判处无期徒刑，剥夺政治权利终身，并处没收个人全部财产；被告人鲁军犯生产、销售有毒、有害食品罪和生产、销售伪劣产品罪，数罪并罚，判处有期徒刑十四年，并处罚金人民币四十万元；被告人李树军犯生产、销售有毒、有害食品罪和生产、销售伪劣产品罪，数罪并罚，判处有期徒刑十一年，并处罚金人民币四十万元；被告人柳立海犯生产、销售有毒、有害食品罪和生产、销售伪劣产品罪，数罪并罚，判处有期徒刑十年六个月，并处罚金人民币四十万元；被告人于双迎犯生产、销售有毒、有害食品罪和生产、销售伪劣产品罪，数罪并罚，判处有期徒刑十年，并处罚金人民币四十万元；被告人刘凡金犯生产、销售有毒、有害食品罪和生产、销售伪劣产品罪，数罪并罚，判处有期徒刑七年，并处罚金人民币三十万元；被告人王波犯生产、销售有毒、有害食品罪和生产、销售伪劣产品罪，数罪并罚，判处有期徒刑七年，并处罚金人民币三十万元。 |
| After the judgment of first instance was pronounced, Liu Liguo, Lu Jun, Liu Shujun, Liu Lihai, Yu Shuangying, Liu Fanjin, and Wang Bo appealed. | | 一审宣判后，柳立国、鲁军、李树军、柳立海、于双迎、刘凡金、王波提出上诉。 |
| In the trial of second instance, the Higher People's Court of Zhejiang Province held that: Liu Liguo processed inferior edible grease with kitchen waste cooking oil, sold it to self-employed households engaging in operation of grain and oil, leading to flow of inferior grease to canteens and households for human consumption, and his acts had constituted the crime of producing and selling toxic and harmful food. Knowing that downstream dealers purchased inferior grease he processed with kitchen waste cooking oil to pass off as qualified soybean oil, Liu Liguo still produced and sold such inferior grease, which was then flowed into enterprises engaging in processing of feedstuffs and drug products. His acts also constituted the crime of producing and selling counterfeit and inferior products and he should be sentenced for these two crimes. The criminal acts of Liu Liguo of producing and selling toxic and harmful food lasted for a long time and covered a wide range. They severely harmed food safety and seriously endangered the public's physical health. With particularly serious circumstances, he should be severely punished according to the law. Knowing that Liu Liguo processed kitchen waste cooking oil to inferior grease and sold such inferior grease, Lu Jun, Li Shujun, Liu Lihai, Yu Shuangying, Liu Fanjin, and Wang Bo still actively participated in the business. Their acts separately constituted the crime of producing and selling toxic and harmful food and the crime of producing and selling counterfeit and inferior products and they should be sentenced for joinder of penalties. In the joint crime, Liu Liguo played a primary role and was the principal offender; Lu Jun, Li Shujun, Liu Lihai, Yu Shuangying, Liu Fanjin, and Wang Bo played secondary roles and were accessory offenders. The court of first instance sentenced them to mitigated penalties. The conviction and application of law in the judgment of first instance were accurate and sentencing was appropriate; and the judicial procedure was legitimate. On June 4, 2013, the Higher People's Court of Zhejiang Province entered a ruling of second instance to dismiss the appeals and affirm the judgment of first instance. | | 浙江省高级人民法院二审认为，柳立国利用餐厨废弃油加工劣质食用油脂，销往粮油食品经营户，并致劣质油脂流入食堂、居民家庭等，供人食用，其行为已构成生产、销售有毒、有害食品罪。柳立国还明知下家购买其用餐厨废弃油加工的劣质油脂冒充合格豆油等，仍予以生产、销售，流入饲料、药品加工等企业，其行为又构成生产、销售伪劣产品罪，应予二罪并罚。柳立国生产、销售有毒、有害食品的犯罪行为持续时间长，波及范围广，严重危害食品安全，严重危及人民群众的身体健康，情节特别严重，应依法严惩。鲁军、李树军、柳立海、于双迎、刘凡金、王波明知柳立国利用餐厨废弃油加工劣质油脂并予销售，仍积极参与，其行为分别构成生产、销售有毒、有害食品罪和生产、销售伪劣产品罪，亦应并罚。在共同犯罪中，柳立国起主要作用，系主犯；鲁军、李树军、柳立海、于双迎、刘凡金、王波起次要或辅助作用，系从犯，原审均予减轻处罚。原判定罪和适用法律正确，量刑适当；审判程序合法。2013年6月4日，浙江省高级人民法院二审裁定驳回上诉，维持原判。 |
| People v. Xu Xiaolun et al. for production and sale of harmful food | | 徐孝伦等人生产、销售有害食品案 |
| (Case No. 13 of the Supreme People's Procuratorate) | | （检例第13号） |
| [Keywords] | | 【关键词】 |
| Production and sale of harmful food | | 生产、销售有害食品罪 |
| [Key Points] | | 【要旨】 |
| In the course of food processing, where a person processes food with toxic and harmful non-food ingredients and sells such food, it should be determined that the person commits the crime of producing and selling toxic and harmful food; where a person still purchases and sells food knowing that such food is processed by others with toxic and harmful non-food ingredients, it should be determined that the person commits the crime of selling toxic and harmful food. | | 在食品加工过程中，使用有毒、有害的非食品原料加工食品并出售的，应当认定为生产、销售有毒、有害食品罪；明知是他人使用有毒、有害的非食品原料加工出的食品仍然购买并出售的，应当认定为销售有毒、有害食品罪。 |
| [Relevant Legislation] | | 【相关立法】 |
| Article 144 and paragraph 1 of Article 141 of the Criminal Law of the People's Republic of China | | 《中华人民共和国刑法》第一百四十四条 第一百四十一条第一款 |
| [Basic Facts] | | 【基本案情】 |
| Defendant Xu Xiaolun, male, from Guizhou Province, born in 1969, businessman. | | 被告人徐孝伦，男，贵州省人，1969年出生，经商。 |
| Defendant Jia Changrong, female, from Guizhou Province, born in 1966, businesswoman. | | 被告人贾昌容，女，贵州省人，1966年出生，经商。 |
| Defendant Xu Tibin, male, from Guizhou Province, born in 1986, businessman. | | 被告人徐体斌，男，贵州省人，1986年出生，经商。 |
| Defendant Ye Jianyong, male, from Guizhou Province, born in 1980, businessman. | | 被告人叶建勇，男，贵州省人，1980年出生，经商。 |
| Defendant Yang Yumei, female, from Anhui Province, born in 1971, businesswoman. | | 被告人杨玉美，女，安徽省人，1971年出生，经商。 |
| From March 2010, defendants Xu Xiaolun and Jia Changrong unhaired pig heads in the processing workshop located in No. 12, Yuying Street, Qianbei Village, Baotian Town, Rui'an City by using the method of heating industrial rosin, separated the processed pig heads to pork head meat, pork ears, pork tongues, and fat meat, sold them to delicatessens in local vegetable markets, with the sales of over 610,000 yuan. Knowing that the pig heads sold by Xu Xiaolun were processed and unhaired by using industrial rosin, defendants Xu Tibin, Ye Jianyong, and Yang Yumei still bought such pig heads, processed them to cooked food, and sold them in their delicatessens. In particular, the sales by Xu Tibin was 34,000 yuan and that by Ye Jianyong and Yang Yumei was each about 25,000 yuan. On August 8, 2012, Xu Xiaolun, Jia Changrong, and Xu Tibin were arrested on the scene in the processing workshop located in Rui'an City by the public security organ and the Animal Health Supervision Office of Rui'an City and 50 pig heads (which had been separated), 600 kg of pork ears and pork head meat, 10 kg of industrial rosin, and bills of sale were seized on the scene. It was found upon identification that the seized rosin was industrial rosin, which was chemical substance beyond food additives. It contained heavy metal lead and after repeated uses under high temperatures, the content of lead and other heavy metals would rise. The long-term consumption of cooked meat of livestock and poultry unhaired by using industrial rosin may cause harm to human body. After the crime was exposed, Xu Tibin assisted the public security organ in arresting two criminal suspects. | | 2010年3月起，被告人徐孝伦、贾昌容在瑞安市鲍田前北村育英街12号的加工点内使用工业松香加热的方式对生猪头进行脱毛，并将加工后的猪头分离出猪头肉、猪耳朵、猪舌头、肥肉等销售给当地菜市场内的熟食店，销售金额达61万余元。被告人徐体斌、叶建勇、杨玉美明知徐孝伦所销售的猪头系用工业松香加工脱毛仍予以购买，并做成熟食在其经营的熟食店进行销售，其中徐体斌的销售金额为3．4万元，叶建勇和杨玉美的销售金额均为2．5万余元。2012年8月8日，徐孝伦、贾昌容、徐体斌在瑞安市的加工点内被公安机关及瑞安市动物卫生监督所当场抓获，并现场扣押猪头（已分割）50个，猪耳朵、猪头肉等600公斤，松香10公斤及销售单。经鉴定，被扣押的松香系工业松香，属食品添加剂外的化学物质，内含重金属铅，经反复高温使用后，铅等重金属含量升高，长期食用工业松香脱毛的禽畜类肉可能会对人体造成伤害。案发后徐体斌协助公安机关抓获两名犯罪嫌疑人。 |
| [Litigation Process] | | 【诉讼过程】 |
| On August 8, 2012, Xu Xiaolun and Jia Changrong were criminally detained on the grounds that they were suspected of committing the crime of producing and selling toxic and harmful food and on September 15, they were arrested. On August 8, 2012, Xu Tibin was criminally detained on the grounds that he was suspected of committing the crime of producing and selling toxic and harmful food; on August 13 of the same year, he was released on bail pending trial; and on March 12, 2013, he was arrested. On September 27, 2012, Ye Jianyong and Yang Yumei were criminally detained on the grounds that they were suspected of committing the crime of producing and selling toxic and harmful food; and on March 12, 2013, they were arrested. | | 2012年8月8日，徐孝伦、贾昌容因涉嫌生产、销售有毒、有害食品罪被刑事拘留，9月15日被逮捕。2012年8月8日，徐体斌因涉嫌生产、销售有毒、有害食品罪被刑事拘留，8月13日被取保候审，2013年3月12日被逮捕。2012年9月27日，叶建勇、杨玉美因涉嫌生产、销售有毒、有害食品罪被取保候审，2013年3月12日被逮捕。 |
| After the conclusion of investigation by the Public Security Bureau of Rui'an City, Zhejiang Province, this case was transferred to the People's Procuratorate of Rui'an City for examination and prosecution. After examination, the People's Procuratorate of Rui'an City held that: Defendants Xu Xiaolun and Jia Changrong mixed harmful substances in the food they produced and sold and defendants Xu Tibin, Ye Jianyong, and Yang Yumei knowingly sold food mixed with harmful substances. In particular, the acts of Xu Xiaolun and Jia Changrong fell under other particularly serious circumstances and violated the provisions of Article 144 of the Criminal Law of the People's Republic of China. With clear facts of crime and definitive and sufficient evidence, Xu Xiaolun and Jia Changrong were investigated for criminal liabilities for committing the crime of producing and selling harmful food; and Xu Tibin, Ye Jianyong, and Yang Yumei were investigated for criminal liabilities for committing the crime of selling harmful food. After being arrested, Xu Xiaolun, Jia Changrong, Xu Tibin, Ye Jianyong, and Yang Yumei truthfully confessed to their crime and they may be given lighter punishments according to the law. On March 1, 2013, the People's Procuratorate of Ningbo City instituted a public prosecution to the Intermediate People's Court of Rui'an City on the grounds that Xu Xiaolun and Jia Changrong committed the crime of producing and selling harmful food and Xu Tibin, Ye Jianyong, and Yang Yumei committed the crime of selling harmful food. | | 该案由浙江省瑞安市公安局侦查终结后，移送瑞安市人民检察院审查起诉。瑞安市人民检察院经审查认为，被告人徐孝伦、贾昌容在生产、销售的食品中掺有有害物质，被告人徐体斌、叶建勇、杨玉美销售明知掺有有害物质的食品，其中被告人徐孝伦、贾昌容有其他特别严重情节，其行为均已触犯《中华人民共和国刑法》第一百四十四条之规定，犯罪事实清楚、证据确实充分，应当以生产、销售有害食品罪追究被告人徐孝伦、贾昌容的刑事责任；以销售有害食品罪追究被告人徐体斌、叶建勇、杨玉美的刑事责任。被告人徐孝伦、贾昌容、徐体斌、叶建勇、杨玉美归案后均能如实供述自己的罪行，依法可以从轻处罚。2013年3月1日，瑞安市人民检察院以被告人徐孝伦、贾昌容犯生产、销售有害食品罪，被告人徐体斌、叶建勇、杨玉美犯销售有害食品罪向瑞安市人民法院提起公诉。 |
In the trial of first instance on May 22, 2013, the People's Court of Rui'an City held that: Xu Xiaolun and Jia Changrong mixed harmful substances in the food they produced and sold, which fell under other particularly serious circumstances, and their acts violated the Criminal Law and constituted the crime of producing and selling harmful food; Xu Tibin, Ye Jianyong, and Yang Yumei knowingly sold food mixed with harmful substances and their acts violated the Criminal Law and constituted the crime of selling harmful food. Xu Xiaolun and Jia Changrong jointly operated a pig head processing plant for production and sale of pig heads and it was a joint offense. In the joint offense, Xu Xiaolun played primary roles and he was a principal offender; Jia Changrong played secondary roles and she was an accessory offender and may be given a mitigated punishment according to the law. After being arrested, Jia Changrong, Xu Tibin, and Ye Jianyong truthfully confessed to their crime and they may be given lighter punishments according to the law. Xu Tibin had a meritorious act and he may be given a lighter punishment according to the law. In accordance with the relevant provisions of the Criminal Law and judicial interpretations, the People's Court of Rui'an City entered a judgment that Xu Xiaolun should be sentenced to imprisonment of ten years and six months with a fine of 1.25 million yuan for committing the crime of producing and selling harmful food; Jia Changrong should be sentenced to imprisonment of six years with a fine of 600,000 yuan for committing the crime of producing and selling harmful food; Xu Tibin should be sentenced to imprisonment of one year and six months with a fine of 70,000 yuan for committing the crime of selling harmful food; Ye Jianyong should be sentenced to imprisonment of one year and six months with a fine of 50,000 yuan for committing the crime of selling harmful food; and Yang Yumei should be sentenced to imprisonment of one year and six months with a fine of 50,000 yuan for committing the crime of selling harmful food.
．．．．．． | | 2013年5月22日，瑞安市人民法院一审认为，被告人徐孝伦、贾昌容在生产、销售的食品中掺入有害物质，有其他特别严重情节，其行为均已触犯刑法，构成生产、销售有害食品罪；徐体斌、叶建勇、杨玉美销售明知掺有有害物质的食品，其行为均已触犯刑法，构成销售有害食品罪。被告人徐孝伦、贾昌容共同经营猪头加工厂，生产、销售猪头，系共同犯罪。在共同犯罪中，被告人徐孝伦起主要作用，系主犯；被告人贾昌容起次要作用，系从犯，依法减轻处罚。被告人贾昌容、徐体斌、叶建勇归案后均能如实供述自己的罪行，依法从轻处罚。被告人徐体斌有立功表现，依法从轻处罚。依照刑法和司法解释有关规定，判决被告人徐孝伦犯生产、销售有害食品罪，判处有期徒刑十年六个月，并处罚金人民币一百二十五万元；被告人贾昌容犯生产、销售有害食品罪，判处有期徒刑六年，并处罚金人民币六十万元；被告人徐体斌犯销售有害食品罪，判处有期徒刑一年六个月，并处罚金人民币七万元；被告人叶建勇犯销售有害食品罪，判处有期徒刑一年六个月，并处罚金人民币五万元；被告人杨玉美犯销售有害食品罪，判处有期徒刑一年六个月，并处罚金人民币五万元。
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