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| Eleven Model Cases regarding Crimes of Endangering Food Safety Published by the Supreme People's Procuratorate | | 最高人民检察院通报11起危害食品安全犯罪典型案例 |
| (August 5, 2015) | | （2015年8月5日） |
| Model Case No. 1 | | 典型案例1 |
| People v. Liu Wei, Huang Kang and Other 17 Persons for Production and Sale of Food Not Conforming to the Safety Standard | | 刘伟、黄康等19人生产、销售不符合安全标准的食品案 |
| In May 2013, defendant Liu Wei rented a private house owned by defendant Wang Shuqian located in Jinqiao Township, Shuangliu County, Chengdu City, Sichuan Province, purchased pigs that died of diseases or died from some unknown cause from defendants Huang Kang and Gao Hong, and hired defendants Song Bin, Tong Dawei, and Huang Honggang to illegally slaughter such pigs and sell the pork. During the period, defendant Liu Shuiqing assisted Liu Wei in transporting the pork of dead pigs and defendant Wang Jianming assisted Liu Wei in selling the pork of slaughtered dead pigs to Chongqing Municipality and other places. In addition, since 2010, in collusion with defendants Huang Yuqiu and Zeng Dehua, Huang Kang purchased pigs that died of diseases or died from some unknown cause from defendants Han Xinghong, Chen Junhua, and Lei Zejiang and then resold such pigs to Liu Wei and other persons for slaughter and sale. In June 2013, the public security authority seized over 1,446 kilos of dead pigs and pork of dead pigs in the illegal slaughter house of Liu Wei; and blocked Huang Kang and Huang Yuqiu in the section of Chengdu-Xinjin-Pujiang Expressway Channel in Xingyi Township, Xinjin County and obtained 4.34 tons of pork they transported. | | 2013年5月，被告人刘伟租用被告人王树前位于四川省成都市双流县金桥镇的一民房，从被告人黄康、高洪等处收购病死、死因不明生猪，并雇佣被告人宋彬、童大伟、黄红刚进行非法屠宰、销售死猪活动。其间，被告人刘水清帮助刘伟搬运死猪肉，被告人王健明帮助刘伟将宰杀好的死猪肉销往重庆等地。另，2010年以来，黄康伙同被告人黄玉秋、曾德华，从被告人韩兴洪、陈军华、雷泽江等人手中收购病死、死因不明生猪，再转手给刘伟等人屠宰销售。2013年6月，公安机关在刘伟的非法屠宰场内查获死猪及死猪肉1446余公斤；在成新蒲快速通道新津县兴义镇路段挡获黄康、黄玉秋运输的死猪4.34吨。 |
| On April 27, 2013, the Public Security Bureau of Pujiang County, Sichuan Province placed a case on file for investigation of Han Xinghong, Chen Junhua, Lei Zejiang and other four persons; on June 18 of the same year, the Public Security Bureau of Chengdu City placed a case on file for investigation of Liu Wei, Wang Shuqian and other five persons; and the Public Security Bureau of Xinjin County placed a case on file for investigation of Huang Kang, Huang Yuqiu and other three persons in succession. Afterwards, the People's Procuratorate of Chengdu City proposed that the aforesaid cases should be merged and under the jurisdiction of the Public Security Bureau of Chengdu City. The People's Procuratorate of Chengdu City successively approved the arrests of Han Xinghong, Liu Wei, and other 15 persons and there were other two persons who were released on bail and under residential surveillence. Under the designated jurisdiction of the People's Procuratorate of Shuangliu County, the People's Procuratorate of Shuangliu County instituted a public institution on December 30. On April 10, 2014, the People's Court of Shuangliu County sentenced Liu Wei and Huang Kang each to imprisonment of two years and two months and imposed a fine of 20,000 yuan on each of them for the crime of producing and selling food not conforming to the safety standard. Other defendants involved were also subject to conviction. | | 此案分别由四川省蒲江县公安局于2013年4月27日对韩兴洪、陈军华、雷泽江等7人立案侦查；成都市公安局于同年6月18日对刘伟、王树前等7人立案侦查；新津县公安局先后对黄康、黄玉秋等5人立案侦查。后经成都市人民检察院建议，以上案件由成都市公安局合并管辖。成都市人民检察院先后对韩兴洪、刘伟等17人批准逮捕，另有2人分别被取保候审、监视居住。经指定双流县人民检察院管辖后，该院于12月30日提起公诉。2014年4月10日，双流县人民法院以生产、销售不符合安全标准的食品罪分别判处刘伟、黄康有期徒刑各二年零二个月，并处罚金2万元。其余涉案被告人也均被作有罪判决。 |
| Significance: This case involved many persons, had complicated case facts, and caused adverse social impacts. The People's Procuratorate of Chengdu City, Sichuan Province voluntarily intervened in investigation in advance and guided the public security authority in collecting evidence, having laid a sound foundation for the smooth handling of this case. During the period, with regard to separate case filings and investigations by the public security authorities in three places, the People's Procuratorate of Chengdu City actively negotiated with the Public Security Bureau of Chengdu City. It was decided that these cases were merged to be under the jurisdiction of the Public Security Bureau of Chengdu City. Under unified commands and centralized arrest reports, the case-handling efficiency was greatly improved and the uniformity of law enforcement scale was also ensured. Meanwhile, with respect to omissions in local supervision and administration of the field of food safety, the People's Procuratorate of Chengdu City raised procuratorial proposals to the Animal Husbandry Bureau of Pujiang County, the Commerce Bureau of Bixian County, and the Commerce Bureau of Shuangliu County in a timely manner and urged them to further improve the supervision and administration mechanism and strengthen law enforcement inspection. The smooth handling of this case has effectively cracked down on crimes of endangering food safety, effectively engaged in innovations in social governance patterns, and accumulated valuable experience for further handling of similar cases. | | 典型意义：本案涉案人员众多、案情复杂、社会影响恶劣。四川省成都市人民检察院主动提前介入侦查，引导公安机关收集证据，为该案的顺利办理打下了坚实的基础。其间，针对此案由三地公安机关分别立案侦查的情况，成都市检察院积极与市公安局协商，由市公安局合并管辖，统一指挥，集中报捕，极大地提高了办案效率，亦确保了执法尺度的统一性。同时，针对当地食品安全领域的监管疏漏，成都市人民检察院及时向蒲江县畜牧局、郫县商务局、双流商务局发出检察建议，督促其进一步完善监管机制，加强执法检查。该案的成功办理，有力地打击了危害食品安全犯罪，有效地参与了社会治理方式创新，为今后办理此类案件积累了宝贵的经验。 |
| Model Case No. 2 | | 典型案例2 |
| People v. Wang Yongchao and Other Persons for Production and Sale of Counterfeit and Inferior Products | | 王勇朝等人生产、销售伪劣产品案 |
| From the beginning of 2010 to August 2013, for the purpose of seeking illegal profits, defendant Wang Yongchao, in collusion with Fang Rongkun, Gan Xingzhong, and other persons, rented a private house located in No. 7 Villagers' Group, Hefeng Village, Lituo Township, Yuhua District, Changsha City, Hunan Province and opened a processing workshop. Without obtaining the production and business operation license, they directly dug three pits underground and put fresh wild brackens and shredded bamboo shoots they purchased and simply cleaned into the pits, and directly soaked such vegetables by illegally adding sodium metabisulfite solution to the pits. Afterwards, such vegetables were packaged in plastic packaging bags with the trademark of “Nenghui,” which was originally registered by Wang Yongchao in Longchang County, Sichuan Province and has expired. In addition, they were packaged in packaging cases with identifiers of food production license. It was verified that the products sold by Wang Yongchao and other persons valued 77,721 yuan and the unsold products seized valued 53,714 yuan. | | 2010年初至2013年8月间，被告人王勇朝为谋取非法利益，伙同方荣坤、甘兴忠等人租赁湖南省长沙市雨花区黎托乡合丰村7组一民房开设加工作坊，在未办理任何生产经营许可证照的情况下，直接在地下挖了3个窖池，将收购来的新鲜蕨菜和笋丝简单清洗后存放于窖池，并非法添加焦亚硫酸钠水溶液直接浸泡。随后，再用印有其原在四川省隆昌县注册业已过期作废的“能辉牌”商标的塑料包装袋进行包装，并在包装箱上使用标识食品生产许可证的包装箱包装后用于出售。经查实，王勇朝等人销售金额达77721元，查获未销售货物价值53714元。 |
| Clues to this case were identified by the People's Procuratorate of Yuhua District, Changsha City, Hunan Province in the inspection work it conducted jointly with Yuhua Branch of the Quality and Technical Supervision Bureau of Changsha City and Yuhua Branch of the Administration for Industry and Commerce of Changsha City, and were transferred to the branch directly under the Public Security Bureau of Changsha City under the supervision of the People's Procuratorate of Yuhua District. Upon examination, the public security authority placed the case on file for investigation on August 27, 2013. On September 29, the People's Procuratorate of Yuhua District made a decision on approving the arrests of Wang Yongchao and Gan Xingzhong and instituted a public prosecution on December 13. On January 23, 2014, the People's Court of Yuhua District rendered a judgment of first instance and for the crime of producing and selling counterfeit and inferior products, sentenced Wang Yongchao and Gan Xingzhong each to imprisonment of seven months; sentenced Fang Rongkun, Fang Huazhi, and Wang Xiuzhi each to imprisonment of seven months with a seven-month suspension of execution; and put Liu Zaiyong and Jiang Xiaohua under detention for five months with a five-month suspension of execution. | | 该案线索是湖南省长沙市雨花区人民检察院与长沙市质量技术监督局雨花区分局、长沙市工商行政管理局雨花区分局在检查工作中发现，并由雨花区人民检察院监督移送长沙市公安局直属分局的。公安机关经审查于2013年8月27日立案侦查。雨花区人民检察院于9月29日对王勇朝、甘兴忠作出批准逮捕决定，并于12月13日提起公诉。2014年1月23日，雨花区人民法院以生产、销售伪劣产品罪一审判处王勇朝、甘兴忠各有期徒刑七个月；方荣坤、方华芝、王秀芝各有期徒刑七个月，缓刑七个月；刘再勇、蒋小花各拘役五个月，缓刑五个月。 |
| Significance: It was a case regarding endangering food safety transferred by the procuratorial authority under the supervision of the working mechanism for interaction between administrative law enforcement and criminal justice. After the public security authority placed the case on file, the People's Procuratorate of Yuhua District designated special persons to learn the case-handling progress in a timely manner, instructed investigation and evidence-taking, guided the public security authority in focusing on collecting evidence on the sales amount, verified one by one the offline purchase volume and amount, and ensured that the sales amount reached the standard for constituting a crime; and required the public security authority to identify the amount of residue sulfur dioxide in shredded bamboo shoots and wild brackens and the value of unsold products, so as to ensure that a lawsuit was filed smoothly. Meanwhile, the procuratorial authority paid attention in their work to enhancing the supervision awareness, deeply identified clues to duty-related crimes and in the case-handling process, identified a case regarding malfeasance in food supervision and administration, in which Shu, deputy director of a quality and technical supervision bureau, was subject to criminal liability for malfeasance in food supervision and administration due to his ineffective leadership in routine work and failure to take effective measures for regulating processing dens without license within the jurisdiction. This case regarding malfeasance was the first case placed on file and investigated for the crime of malfeasance in food supervision and administration in Hunan Province since the promulgation of the Amendment (VIII) to the Criminal Law, and it has played a role of an effective deterrence. | | 典型意义：该案是检察机关通过行政执法与刑事司法衔接工作机制监督移送的一起危害食品安全案件。公安机关立案后，雨花区人民检察院指派专人及时掌握案件进展情况，引导侦查取证，指导公安机关着重收集销售金额证据，逐一查实下线购买数量及金额，确保销售金额达到构罪标准；要求公安机关对笋丝、野蕨菜中二氧化硫残留量以及未销售货值进行鉴定，保证案件顺利起诉。同时，检察机关在工作中注重强化监督意识，深挖职务犯罪线索，从该案中发现并监督立案一起食品监管渎职案件，某质监局副局长舒某某因在日常工作中疏于监管、未采取有效措施整治辖区内无证加工窝点，被追究食品监管渎职刑事责任。该渎职案是刑法修正案（八）颁布以来，湖南省首例以食品监管渎职罪立案查处的案件，起到了有效的震慑作用。 |
| Model Case No. 3 | | 典型案例3 |
| People v. Zhou Xiong and Wang Cheng for Production and Sale of Poisonous and Harmful Food | | 周雄、王成生产、销售有毒、有害食品案 |
| From June 2012 to May 2014, for the purpose of seeking profits, defendants Zhou Xiong and Wang Cheng processed the kitchen hogwash produced in the hotpot restaurant “Zhou and Wu's Laokan Hot & Spicy” they operated located in Baiyin District, Baiyin City, Gansu Province into 1,450 kilos of hogwash oil for consumption by customers. | | 2012年6月至2014年5月，被告人周雄、王成以营利为目的，将自己在甘肃省白银市白银区经营的“周吴老坎串串香”火锅店餐厨泔水过滤加工成地沟油约2900斤供顾客食用。 |
| It was identified that the content of DBP (also called plasticizer, which had the effect of interfering with internal secretion and may impair reproduction and fertility) exceeded the prescribed standard by 170% and the self-service hotpot soup oil exceeded the prescribed standard by 33%. | | 经鉴定，该地沟油底油中DBP（又称增塑剂或塑化剂，具有干扰内分泌的作用，可造成生殖和生育障碍）含量超标170%，自助底油超标33%。 |
| On May 16, 2014, the People's Procuratorate of Baiyin District proposed that the Food and Drug Administration of Baiyin District should transfer the case regarding Zhou Xiong and Wang Cheng's production and sale of poisonous and harmful food to Baiyin Branch of the Public Security Bureau of Baiyin City. On the following day, Baiyin Branch of the Public Security Bureau of Baiyin City placed the case on file for investigation. The People's Procuratorate of Baiyin District made a decision on approving the arrests of Zhou Xiong and Wang Cheng on May 30 of the same year and instituted a public prosecution on October 30 of the same year. On November 11, 2014, the People's Court of Baiyin District sentenced defendants Zhou Xiong and Wang Cheng each to imprisonment of three years and imposed a fine of 20,000 yuan on each of them for the crime of producing and selling poisonous and harmful food. | | 被告人周雄、王成生产、销售有毒、有害食品一案，由白银区检察院于2014年5月16日建议白银区食药监局稽查局移送白银区公安分局。次日，白银区公安分局立案侦查，同年5月30日白银区检察院作出批准逮捕决定，同年10月30日提起公诉。2014年11月11日，白银区人民法院以生产、销售有毒、有害食品罪判处被告人周雄、王成各有期徒刑三年，并处罚金2万元。 |
| Significance: Clues to endangering food safety involved in this case were identified and transferred by the People's Procuratorate of Baiyin District in the activities of “special case-filing supervision over crimes of endangering food and drug safety” jointly with the administrative law enforcement department and the public security authority. Upon receipt of the notice of the food and drug administration, the procuratorial authority assigned case-handling backbone forces to arrive at the scene the first time, guided the administrative law enforcement personnel in taking and fixing evidence, and promptly communicated with and contacted the public security authority. Rapid response, proper reply, timely evidence collection and fixing, and accurate nature determination have laid a foundation for the smooth investigation of the criminals' criminal liabilities, and effectively deterred crimes. In the special case-filing supervision activities in 2014, the People's Procuratorate of Baiyin District, Baiyin City supervised the administrative law enforcement departments' transfer of 17 cases regarding suspected crimes of endangering food and drug safety in total, among three of which the criminal suspects have been convicted. By means of strictly punishing several cases regarding the crime of endangering food safety, the food market has been effectively purified and the “food safety” for the people has been maintained. | | 典型意义：本案涉及的危害食品安全线索，系白银区人民检察院会同行政执法部门、公安机关在开展“危害食品药品安全犯罪专项立案监督活动”中发现并移送的。检察机关在接到食药监管部门通知后，第一时间抽调办案骨干赶赴现场，引导行政执法人员提取固定证据，并迅速与公安机关沟通联系。由于反应快速、应对得当、收集固定证据及时、定性准确，为顺利追究犯罪人刑事责任奠定给了基础，有效震慑了犯罪。在2014年开展的专项立案监督活动中，白银市白银区人民检察院共监督行政执法单位移送涉嫌危害食品药品安全犯罪案件17件，法院已作有罪判决3件。通过严厉查处多起危害食品安全犯罪案件，有力净化了食品市场，维护了广大人民群众“舌尖上的安全”。 |
| Model Case No. 4 | | 典型案例4 |
| People v. Xiong Zhi and Other Persons for Production and Sale of Counterfeit and Inferior Products | | 熊智等人生产、销售伪劣产品案 |
| In collusion with Xiong Lan, defendant Xiong Zhi operated Shanghai Ruike Nutritious Foods Co., Ltd., Nanchang Maigao Nutritious Foods Co., Ltd., and other three companies. From March 2012, Xiong Zhi purchased milk powder in large packages from Inner Mongolia Yahua Diary Industry Co., Ltd. Without obtaining the milk powder production license, Nanchang Maigao Nutritious Foods Co., Ltd. processed and produced home-made milk powder with such purchased milk powder, passed such milk powder as imported milk powder with brands of Karicare, Cnetirum, Babyone, Gpeps, and Ownbaby, and launched it into the market for seeking profits. After the case was exposed, a total of over 230,000 cans of milk power weighing more than 400 tons were seized, with the involved amount of over 200,000,000 yuan. It was found in the sampling that among the 13 pieces of milk power it produced, there were pathogenic bacteria in two pieces, which was food failing to reach the prescribed safety standard, and the testing values in the other 11 pieces were inconsistent with the indicated values of energy and nutritious components. Since the indicated values exaggerated the nutrition level, such milk powder was counterfeit and inferior product. | | 被告人熊智伙同熊岚经营上海锐可营养食品有限公司、南昌麦高营养食品有限公司等五家公司。2012年3月起，熊智在南昌麦高营养食品有限公司未取得奶粉生产许可的情况下，从内蒙古亚华乳业有限公司购入大包牛奶粉，擅自加工、生产国产奶粉，并冒充可尼可、善臣、贝诺贝滋、乐氏及欧恩贝等品牌进口奶粉，投放市场销售牟取利益。案发后，共扣押奶粉共计23万余罐，400多吨，涉案金额2亿余元。经抽样检测，在其生产的13件奶粉中，有2件含有致病菌，属于不符合安全标准食品，有11件检测值不符合能量及营养成分标示值，夸大了食品的营养水平，属于伪劣产品。 |
| On April 26, 2013, through the platform for linkage between administrative law enforcement and criminal justice, the People's Procuratorate of Fengxian District, Shanghai Municipality proposed that Fengxian Branch of the Administration for Industry and Commerce of Shanghai Municipality should transfer clues to this case to the public security authority. On April 29, Fengxian Branch of the Administration for Industry and Commerce of Shanghai Municipality transferred the case to Fengxian Branch of the Public Security Bureau of Shanghai Municipality. On the same day, Fengxian Branch of the Public Security Bureau of Shanghai Municipality placed the case regarding production and sale of counterfeit and inferior products on file for investigation and on May 30, filed a request for approving the arrests of the criminals. On June 6, 2013, the People's Procuratorate of Fengxian District approved the arrests of Xiong Zhi and other persons. In February 2015, Xiong Zhi and other seven persons were sentenced to imprisonments ranging from 15 years to seven years and imposed on fines ranging from 20,000 yuan to 7 million yuan on each of them. | | 2013年4月26日，上海市奉贤区人民检察院通过行政执法与刑事司法衔接平台建议奉贤区工商分局将该案线索移送公安机关。奉贤区工商分局于4月29日将案件移送区公安分局。同日，区公安分局以生产、销售伪劣产品案立案侦查，并于5月30日提请批准逮捕。2013年6月6日，奉贤区人民检察院将熊智等人批准逮捕。2015年2月，熊智等8人分别被判处十五年至七年不等的有期徒刑，并分别判处罚金2万元至700万元不等。 |
Significance: This was a case regarding passing home-made infant milk powder off as original imported infant milk powder handled under the supervision of the Supreme People's Procuratorate and the Ministry of Public Security. With several links including production and sale of infant milk powder, many persons involved, wide regions, and extraordinarily-large amount of money, it has caused adverse social impacts. In the handling of this case, the People's Procuratorate of Fengxian District, Shanghai City legally performed its functions, strictly examined evidence, accurately applied the law, handled the case in a strict and rapid manner on the basis of strictly controlling the case-handling quality, and arrested ten criminal suspects, having achieved good legal effect and social effect. The main measures taken by the People's Procuratorate of Fengxian District were as follows: First, it has fully utilized the mechanism for linkage between administrative law enforcement and criminal justice and information sharing, closely communicated and cooperated with such administrative law enforcement departments as administrations for industry and commerce and food safety offices, and ensured that as early as possible, clues should be identified, analysis and judgment should be made, and supervision over case filing should be conducted. Second, it has given play to the functions of the interaction mechanism and ensured that the investigation supervision departments at three levels should interact with each other in studying the case, the public security authority should interact with the procuratorial authority in guiding the evidence-taking, and the investigation supervision department should interact with the public prosecution department in the linkage between arrest and prosecution. Third, while performing the functions of arrest examination, it has also emphasized on giving play to its supervision functions, so as to ensure that judicial justice be realized for the case in a substantive and procedural manner.
．．．．．． | | 典型意义：本案是最高人民检察院、公安部督办的一起以国产婴幼儿奶粉冒充原装进口婴幼儿奶粉的案件。案件涉及婴幼儿奶粉的生产、销售等多个环节，涉案人员多、涉及地域广、涉案金额特别巨大，社会影响恶劣。上海市奉贤区人民检察院在办理该案中，依法履行职能，严格审查证据，准确适用法律，在严把案件质量关的基础上，从严从快办理，共批准逮捕10名犯罪嫌疑人，取得了良好的法律效果和社会效果。主要做法：一是充分利用行政执法与刑事司法衔接信息共享机制，密切与工商、食安办等行政执法部门的沟通配合，做到早发现线索，早分析研判，早监督立案；二是发挥联动机制作用，做到三级侦查监督部门在研商案件中联动、公安机关与检察机关在引导取证中联动、侦查监督与公诉部门在捕诉衔接上联动；三是在履行审查逮捕职能的同时，注重发挥监督职能，确保案件在实体上和程序上都实现司法公正。
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