Lawyer

Chapter 521 Clenbuterol

There is a saying that goes, "If a man is rich, he will become bad, and if a woman is bad, he will be rich." The wealthy boss Zhang began to swell. He bought villas, luxury cars, and pets. , the halo on the head circle after circle.Later, the price of pigs in the market was lowered, and the business of the canopy farm was not doing well. There were too many live pigs in the pig farm to sell at a high price.

In order to improve the lean meat ratio of live pigs and increase the income of the pig farm, Zhang Wantian secretly purchased two kilograms of clenbuterol hydrochloride, which is what we commonly call "clenbuterol".

Zhang Wantian has been raising pigs for many years and naturally knows that clenbuterol is a breeding additive prohibited by the state, but in order to improve the lean meat percentage of pigs in his farm, he secretly added clenbuterol to the feed of more than 100 pigs in the farm .

Half a month later, Zhang Wantian sold [-] of the pigs to Li Quan who came to collect them.Later, Li Quan sold the live pigs to butchers in several nearby counties.

Not long after, many people in several nearby counties began to experience poisoning symptoms such as headaches, dizziness, muscle twitching, shortness of breath, and vomiting to varying degrees. The county hospital was overwhelmed with patients.

The occurrence of such a big event in the county alarmed the higher authorities, who immediately set up an investigation team to investigate the poisoning incident.

Diagnosed by the hospital, the symptoms of the people in the county hospital were all caused by food poisoning.After checking, the public security department found that all the people who had symptoms of poisoning had eaten pork.Later, the public security department followed the vine and found the canopy farm.

The provincial feed inspection institute took samples and tested that the urine samples of pigs kept by Zhang Wantian all contained clenbuterol hydrochloride, and the results were positive.

Immediately afterwards, the public security department arrested Zhang Wantian for the crime of producing and selling poisonous and harmful food, and then transferred the case to the procuratorate.

Zhang Wantian's daughter-in-law, the proprietress of the Tianpeng Farm, was very anxious when she saw her husband was arrested. She consulted several lawyers.

In desperation, she found Hua Liancheng, and asked him to come forward and invite some experts to study her husband's case to see if he would be sentenced to prison, and he would be sentenced to several years.

"This is the whole case. Two days ago, we have sent the case files to everyone's mailboxes. You must have read them. Now, please speak on this case and express your opinions." Hua Liancheng said.

"Let me start by throwing bricks and stones at you and express my opinion." Lawyer Zhao cleared his throat and said, "After I got the case file, I inquired whether 'Clenbuterol' is a food ingredient.

According to the results of my inquiry, 'Clenbuterol' is called clenbuterol hydrochloride in medicine, which belongs to β-adrenaline stimulants and is a human medicine used to treat diseases such as bronchial asthma, chronic bronchitis and emphysema. It does not belong to the category of food and belongs to non-food raw materials. "

"Well, I also asked my medical friends and checked the literature. If 'lean meat powder' is used as a feed additive to feed pigs, residues will be formed in the pigs, including residues in the liver, lungs, eyeballs, and kidneys. The amount is higher.

After meat products containing clenbuterol are eaten, there will be signs of poisoning. The most typical symptoms are muscle tremors, palpitations, headache, dizziness, nausea, vomiting, fever, tremors, etc., and even death.Therefore, 'Clenbuterol' is a toxic non-food raw material.

Therefore, adding clenbuterol to pig feed is strictly prohibited.On this point, there must be no dispute. "A white-haired old man with a strong academic spirit followed suit.

Through his desk sign, Fang Yi knew that he was a law professor at a local university named Zhou Liansheng.

After he spoke, everyone expressed their opinions one after another, and everyone agreed on the issue of clenbuterol.

"Now that the problem of clenbuterol has been resolved. Let me share my opinion. I think there may be problems with the charges against Zhang Wantian by the public security department and the procuratorate.

Article 140 of the "Criminal Law" stipulates that anyone who mixes toxic or harmful non-food raw materials into the food produced or sold, or sells food that is known to be mixed with toxic or harmful non-food raw materials, constitutes the production or sale of toxic or harmful food ingredients. crime.

Then the live pigs in the pig farm are not considered as food, if not, then Zhang Wantian's behavior does not constitute the crime of producing and selling poisonous and harmful food.

To this end, I consulted the "Food Hygiene Law of the People's Republic of China". Article [-] of the law stipulates that food production and operation refers to the production (excluding planting and breeding), collection, purchase, processing, storage, transportation, and display of all food. , supply, sales and other activities.

According to the above regulations, pig farms belong to the breeding industry, and raising pigs in pig farms should not belong to food production and operation.Since it does not belong to food production and operation, Zhang Wantian's behavior naturally does not constitute the crime of producing and selling poisonous food.This is my opinion on this case, and I don't know what you think. "The old man whose name was Zhou Qiming on the desk sign said tremblingly. He is a professor at another university's law school.

"Well, I agree with Professor Zhou's opinion. Raising meat pigs in pig farms should not be considered as food production. Meat pigs are food raw materials, not food. Only pork is food." A 50-year-old Yuan next to Professor Zhou The old man nodded.

His name is Li Xiangrui, he is a member of the Municipal Law Society and a partner of another medium-sized law firm.

Fang Yi had a little impression of Li Xiangrui, who often appeared in TV programs on the popularization of the law and was very famous.People in the circle commented on him as "he has a set of words", which can be understood as deception. He said that he seemed to be "very professional", but in fact his professional level was average, and he usually didn't handle cases at all.Such people are very popular in the legal circle nowadays, but lawyers who handle cases honestly don't have many clients.

"I think Lawyer Li's point of view is questionable. According to this reasoning, raw pork should not be food, only cooked pork should be food. This kind of point of view is too mechanical." Wan Kefa said in a casual manner.

He looked down on Li Xiangrui, let alone agree with his opinion.

"Well, I support Lawyer Wan's point of view.

From a practical point of view, the live fish sold in the market, various fruits picked in the picking garden, and vegetables picked from the ground are all food for ordinary people.From an ordinary person's point of view, these things are also imported food, and no one will deny this.

The point of view that live pigs are not food not only does not conform to the concept of ordinary people, but also makes criminal legislation and criminal justice at a loss due to misunderstanding and application of administrative laws. "The imposing old man who had been silent all this time said suddenly.

Fang Yi took a special look at the label in front of him. He is a special expert of Wanhua United Law Firm, a retired judge of the High Court, and his name is Xing Tianzheng.I have to say that this name is very harmonious with his temperament.

(End of this chapter)