On July 25, 2024, the 10th issue of Criminal Defense Semi-Monthly Talks, which was organized by the Criminal Department of King&Capital Law Firm, was successfully held, and was hosted by Wang Xintong, a senior partner of King&Capital, and Wang Zhiqiang, a lawyer and deputy director of Kyoto Food and Drugs Research Center, was the speaker. Wang Xin Tong, senior partner of King&Capital, presided over this activity, Wang Zhiqiang, deputy director of King&Capital Food and Drug Law Research Center, gave a lecture, Xie Anping, professor of Law School of Beijing Technology and Business University, Men Jinling, associate professor of University of Chinese Academy of Social Sciences, and Tang Jianbin, senior partner of King&Capital and director of King&Capital Food and Drug Law Research Center, had a talk with the participants.
Wang Zhiqiang from the criminal law article 144 of the production, sale of toxic, harmful food crime of the legal provisions, respectively, the criminal composition of this crime, seeking to misdemeanor evolution, to prevent the evil to the felony of the three perspectives, a total of 20 prosecution wants to grasp the actual, the defense focus on the defense of the link point. Wang Zhiqiang lawyer in accordance with the “actor - behavior object - harmful results - causality - criminal intent” review thinking will be dissected in addition to this crime, but also puts forward to the return of administrative violations, to the production, sale of food does not meet the food safety standards, such as misdemeanor defense ideas, as well as to prevent behavioral qualification to endanger public safety crimes, the evil of change It also provides comprehensive guidance for the defense of the crime of producing and selling toxic and harmful food.
Prof. Xie Anping quoted the famous German criminalist Lister's saying that “the best social policy is the best criminal policy”, and believed that lawyers should take the initiative to pay attention to the hot events in the society and put forward the opinions from a different angle from the legislators, to assist in the improvement of the laws and regulations and the progress of the social atmosphere, and to guide the society to reduce the occurrence of the poisonous and harmful foods spontaneously, Foods that do not meet safety standards. Prof. Xie Anping also pointed out that, at present, in the process of handling food safety cases, the appraisal opinions of administrative organs are often adopted, but the appraisal opinions are difficult to answer many factual questions on criminal judgment, and this aspect is a breakthrough for lawyers to carry out their defense work, which is also a necessary path for the improvement of the law in the future.
Door jinling lawyers believe that the production and sale of poisonous, harmful food crime should be an abstract dangerous crime, food safety needs strict protection, can not require only in the emergence of the actual consequences of the harm to be regulated, but at present the judicial practice of the situation did not cause serious damage to the citizen's body basically unable to pursue responsibility, corresponding to the outbreak of the seriousness of the circumstances can be held responsible for the lawyers, the defense of the work of the difficulty will also increase significantly. The lawyer also pointed out that. Door Jinling lawyer also pointed out that the production and sale of toxic and harmful food crimes and related charges of the entity level of the defense space is small, the defense work should focus on the procedure and subjective malice on the determination of the defense of this type of crime also requires lawyers to do a good job of psychological construction, dealing with the destruction of social welfare of the occurrence of food safety incidents and the maintenance of the rule of law and the legitimate rights and interests of the parties concerned and is not in conflict.
Tang Jianbin lawyers believe that the current law on food safety provisions set up with the people cognitive deviation is large, “kerosene tanker trucks loaded cooking oil incident”, 315 exposure of dried plum incident, such as simple feelings of unacceptable social events, but difficult to identify as a relevant criminal offense, the lack of mandatory standards for many crimes to provide felonious processing The lack of mandatory standards for many crimes to provide a bad point. Tang Jianbin also pointed out that there is a serious disconnect between the conviction and sentencing of food safety crimes, the convergence of criminal lines, and the balanced treatment of fines and administrative fines, and compared with the same focus on combating drug-related crimes, the administrative authorities can issue opinions to determine whether the food is poisonous and harmful raw materials, which seriously lowers the standard of evidence in criminal cases, and these problems need to be resolved by improving the legislation and other ways to solve.
In the process of hosting, Mr. Wang introduced the situation of the incident of “unloading kerosene from the tanker truck and loading cooking oil”, the constitutive elements and sentencing of the crime of production and sale of poisonous and hazardous food and other crimes related to food safety, as well as the fact that the defense of food safety crimes requires lawyers to have a wealth of cross-industry knowledge and to take into account the legal perspectives of the people and the people, and to comprehensively develop the defense strategy. Comprehensive development of defense strategies, enriching the content of this event.
