Recently, suspect Guo Moumou was selling male health supplements at a market. However, the supplements he sold were found to contain sildenafil, and he was charged by the investigative authorities with the crime of selling toxic or harmful food. During the review of the case, the Beijing Municipal People's Procuratorate adopted the legal opinions of lawyers Tang Jianbin and Gao Yuman and lawfully decided not to approve the arrest of Guo Moumou, granting him bail pending trial.

Case Difficulties

I. Determination of Subjective Intent

According to the Criminal Law, the subjective aspect of the crime of selling toxic or harmful food must be direct intent. However, Guo Moumou only has a junior high school education, lacks professional knowledge of food and drugs, and the health supplements he sold were purchased from a legitimate e-commerce platform, with no labeling of sildenafil on the packaging. How to prove that Guo Moumou lacked subjective intent has become one of the key challenges in the defense of this case.

2. Determination of Involved Amount and Circumstances

Although the health supplements sold by Guo Moumou were found to contain toxic or harmful components, the sales period was short and not concentrated, the sales amount was low, and no actual health harm was caused. How to use these circumstances as grounds for leniency or exemption from criminal punishment within the legal framework is another important direction for the defense.

III. The Boundary Between Criminal and Administrative Penalties

In the field of food safety, the boundary between criminal and administrative penalties is often blurred. Accurately defining the nature of Guo Moumou's actions to exempt him from criminal prosecution while imposing appropriate penalties for his actions is the core issue the defense must address.

Defense Strategies

I. Defense of Intent

1.

Work Experience and Educational Background: Guo Moumou's prior work experience was unrelated to the involved health supplements, and he only holds a junior high school diploma, lacking professional knowledge of food and pharmaceuticals. He was unaware of the components of prescription drugs such as sildenafil and lacked the ability to distinguish the authenticity of health supplement packaging labels.

2.

Purchasing Channels and Due Diligence: Guo Moumou purchased the health supplements from legitimate e-commerce platforms such as JD.com, Pinduoduo, and Alibaba, and possesses valid purchase receipts. She subjectively believed that products sold on these platforms had undergone review and were legitimate, thus fulfilling her due diligence obligations in purchasing.

3.

First-time violation and lack of warnings: Guo Moumou is a first-time violator and has not previously been subject to administrative or criminal penalties for similar offenses. Additionally, she did not receive any bans or food safety warnings during the sales process, further reinforcing her belief in the legality of the products.

4.

Price and sales conduct: Guo Moumou's sales prices were reasonable, and there was no malicious low-pricing behavior. She adopted a refund plus gift approach for dissatisfied customers, indicating that she had no intent to defraud or engage in malicious sales.

II. Defense on Circumstances and Involved Amount

1. Definition of the Involved Amount: The defense attorney pointed out that the police's forensic report was based solely on the sampling and testing of the seized health supplements, while the health supplements previously resold by Guo Moumou from other vendors were not seized, making it impossible to determine whether they contained toxic or harmful substances. Therefore, the involved amount should be based on the actual quantity of health supplements seized.

2. Minor Circumstances and No Aggravating Circumstances: Guo Moumou's sales activities were brief, occurring only two or three mornings a week, and were limited to residents around a local market. His sales activities did not cause actual health harm and there were no other aggravating circumstances; he was a first-time offender. The defense attorney argued that Guo Moumou's actions constituted minor circumstances, did not meet the criteria for criminal punishment, and should instead be subject to administrative penalties.

Case outcome

The People's Procuratorate of XX fully considered the defense attorney's opinion during the case review. Ultimately, the procuratorate determined that although Guo XX's actions were suspected of constituting the crime of selling toxic or harmful food, the circumstances were minor and did not result in serious consequences. Taking into account Guo XX's attitude of confessing guilt, his status as a first-time offender, and his family circumstances, the procuratorate lawfully decided not to approve the arrest and granted him bail pending trial.