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No. 1 of Five Model Cases of Crime of Jeopardizing Food Safety that Are Issued by the Supreme People's Court: Case of Producing and Selling Poisonous Food and Producing and Selling Shoddy Products by Wang Changbing, et al.
最高人民法院公布五起危害食品安全犯罪典型案例之一：王长兵等生产、销售有毒食品，生产、销售伪劣产品案——生产、销售“假白酒”案件
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[核心术语]
明知;工业酒精;生产、销售有毒食品
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[争议焦点]
1.行为人明知酒精为工业酒精，仍用其勾兑成白酒予以销售，造成多人伤亡的，构成何罪？
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[案例要旨]
根据我国《刑法》第一百四十四条之规定生产、销售有毒、有害食品罪是指违反我国食品卫生管理法规在生产、销售的食品中掺入有毒、有害的非食品原料或者销售明知掺有有毒、有害的非食品原料的食品的行为。本罪是选择性罪名...
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| No. 1 of Five Model Cases of Crime of Jeopardizing Food Safety that Are Issued by the Supreme People's Court: Case of Producing and Selling Poisonous Food and Producing and Selling Shoddy Products by Wang Changbing, et al. --Case of Producing and Selling “Fake Liquor” | | 最高人民法院公布五起危害食品安全犯罪典型案例之一：王长兵等生产、销售有毒食品，生产、销售伪劣产品案——生产、销售“假白酒”案件 |
| (1) Case Facts | | （一）简要案情 |
| In 2002, Defendant Wang Changbing started to mix edible alcohol with such materials as domestic water, corn wine, and sodium cyclamate and blended liquor to be sold as corn wine for profit. On the morning of March 15, 2009, Wang Changbing assigned his employees Qin Changjiang and Tang Yongfeng to drive to “Boss Yang's” (Yang Dalian's) for purchasing alcohol. Around 17:00 on the same day, Qin Changjiang and Tang Yongfeng arrived at the Juneng daily-use chemicals business department in Yidu City, Hubei Province, that was operated by Yang Yongbing, bought 3.74 tons of industrial alcohol (methyl alcohol) at the price of 2,100 yuan/ton, and carried such alcohol back to Wang Changbing's wine workshop on the same night. Upon check of weight notes and other receipts, Wang Changbing found that the price of the alcohol bought was the one of industrial alcohol and it differed greatly from the price of edible alcohol. However, he did not verify the reason. On the same night, Wang Changbing instigated Defendant Tang Qian to mix the industrial alcohol bought this time with such raw materials as domestic water, corn wine, and essence and blended over 6,000 kg of “liquor.” From the next day on to March 25, Wang Changbing and Defendant Qin Changfen have sold a total of 3,448 kg of “liquor.” Many local residents were intoxicated after having drunk the “liquor,” causing serious consequences of five deaths, six serious injuries, 11 minor injuries, and two slight injuries. It was also found that, from 2004 on, Wang Changbing has produced “liquor” that was blended by using edible alcohol and sold as corn wine for a total amount of over 1.85 million yuan; the “liquor” whose production and sale involved Qin Changfen valued over 1.86 million yuan, and the “liquor” whose production and sale involved Tang Qian valued over 1.79 million yuan. | | 2002年，被告人王长兵开始用食用酒精掺入自来水、苞谷酒、甜蜜素等原料勾兑白酒冒充苞谷酒销售牟利。2009年3月15日上午，王长兵安排其雇员覃长江、唐永锋驾车到宜都市“杨老板”（杨大连）处购买酒精。当日17时许，覃长江、唐永锋来到杨永兵经营的湖北省宜都市聚能日化经营部，以2100元/吨的价格购买工业酒精（甲醇）3.74吨，并于当晚将酒精运回王长兵的制酒作坊。王长兵查看过磅单和其他单据后发现所购酒精系工业酒精的价格，与食用酒精的价格相差悬殊，但未核实原因。当晚，王长兵指使被告人唐倩用此次购买的工业酒精掺入自来水、苞谷酒、香精等原料勾兑成6000余千克“白酒”。从次日起至同月25日止，王长兵及被告人覃长芬共销售该批“白酒”3448千克。当地众多居民饮用该“白酒”后中毒，并造成5人死亡、6人重伤、11人轻伤、2人轻微伤的严重后果。另查明，2004年以来，王长兵生产食用酒精勾兑的“白酒”，冒充苞谷酒销售共计185万余元；覃长芬参与生产、销售的金额为186万余元；唐倩参与生产、销售的金额为179 万余元。 |
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