Lawyer

Chapter 522

"Then how should we explain the four provisions of the Food Hygiene Law of the People's Republic of China?" Zhou Qiming asked with a half-smile.

He and Li Xiangrui are good friends, and the two of them had discussed the situation of the case before, so their opinions were relatively consistent.

Now Wan Kefa and Xing Tianzheng opposed his and Li Xiangrui's views face to face, and they said it so directly, without knowing how to be tactful at all, which made him feel a little uncomfortable.

"Lawyer Fang, explain your understanding to everyone." Wan Kefa kicked the ball to Fang Yi.

Originally, Fang Yi watched a few white-haired old guys pinch fiercely, and was about to sit on the mountain and watch the tiger fight, but Wan Kefa suddenly pulled him off the stage.Fang Yi understands that Wankefa is recommending himself to the seniors in the industry.Relying on the sky and the earth to rely on the teacher is not as good as relying on the reputation of one's own major, which is convincing.

But Fang Yi also has his own worries. It is very easy to offend people if he is so hard-headed.Fang Yi gritted his teeth and said what he likes.

"In my opinion, the four articles of the "Food Sanitation Law" exclude the breeding and planting industries from the concept of food production. Industry, that is to say, the above regulations are to distinguish the scope of the two administrative departments, rather than to indicate that the breeding and planting industries do not objectively produce food.

"Food" stipulated in Article 140 of the "Criminal Law" shall include all kinds of finished products and their products for human consumption or drinking. "Fang Yi said.

"I reserve my opinion on Lawyer Fang's explanation.

In my opinion, feeding pigs with toxic and harmful non-food raw material clenbuterol does not mean directly mixing clenbuterol hydrochloride and other non-food raw materials into pork, and cannot constitute the crime of producing toxic and harmful food. "Li Xiangrui felt that he couldn't find a better way to explain it, but he didn't want to lose face, so he changed the subject.

Wan Kefa kicked Fang Yi on the side with his toe, motioning him to go back.

"Well, let me talk about my personal opinion. I think Lawyer Li's opinion is flawed. It is too formal and ignores the essence of the behavior.

Feeding pigs with 'clenbuterol' will lead to toxic substances in pork, which is just now recognized by everyone.This behavior is actually no different from the direct mixing of toxic substances in pork, and the behavior of pig farms can be identified as the production of toxic food.

In this case, Zhang Wantian, as the operator and manager of a medium-sized pig farm, knew that "clenbuterol" was a feed additive prohibited by the state, but still used lean meat powder to feed pigs, which caused many consumers to be poisoned after eating pork. The behavior has constituted the crime of producing and selling poisonous food. "Fang Yi said.

"I agree with Attorney Fang's opinion. In addition, the crime of producing and selling poisonous and harmful food stipulated in Article 140 of the Criminal Law is an optional crime.

In this case, defendant Zhang Wantian's production and sale of food containing 'clenbuterol' is poisonous food, so only the crime of producing and selling poisonous food should be applied, not the crime of 'producing and selling poisonous and harmful food'. "Xing Tianzheng said.

His words were aimed at Li Xiangrui's speech just now, and the meaning is very clear: Your statement, Li Xiangrui, is not rigorous enough.It implies that Li Xiangrui's professional level is not good enough.Be obedient and listen to the sound, everyone present can hear that this is embarrassing Attorney Li, Li Xiangrui's face is not very good-looking, and he looks a little embarrassed.

"Now everyone has basically formed two opinions. One is that it does not constitute the crime of producing and selling poisonous food; the other is that it constitutes the crime. It is easy to handle if it does not constitute the crime. If it constitutes the crime, how should the punishment be? I don't know what everyone thinks." Hua Lian thought that it would not be good to keep fighting like this, so he changed the topic in time.

"Since Lawyer Fang said that it constitutes a crime of producing and selling poisonous food, it is better for Lawyer Fang to talk about the issue of sentencing first." Professor Zhou said in an indifferent manner.

Fang Yi glanced at Professor Zhou, and thought to himself: Yes!This person is offended!Offend it, offend it, I rely on my ability to make a living, not my salary.

"Okay, let me talk about my opinion, and throw bricks to attract jade.

According to Article 140 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Counterfeit and Inferior Commodities: Or other serious consequences, it should be determined as "causing serious harm to human health" as stipulated in Article [-] of the Criminal Law.

Produced and sold poisonous and harmful foods that cause serious disability, serious injuries to more than three people, minor injuries to more than ten people, or other particularly serious consequences after being eaten should be identified as 'causing particularly serious harm to human health'.

In this case, Zhang Wantian’s behavior of producing and selling poisonous food caused more than 200 consumers to have symptoms of poisoning to varying degrees. At present, they have basically recovered after simple treatment, and have not caused serious harm to human health such as minor injuries or sequelae.

According to the circumstances of the whole case, I think it is more appropriate to apply the first level of punishment to Zhang Wantian, which is a fixed-term imprisonment of not more than five years and a fine.Of course, I gave the suggestion without other evidence in this case, and the specific sentencing depends on the court trial. "Fang Yi said.

……

In the director's office, Wan Kefa was proud of the spring breeze, but Fang Yi opposite was a little uneasy.

"Old Wan, will this make too many enemies?" Fang Yi asked.

"What are you afraid of? In terms of skills, they are not as good as others, so we have to be willing to admit defeat. In terms of resources, we are not afraid of them. If it weren't for using the media to fool around with the case, Li Xiangrui would be a street stall, not on the same level as us.

When I practiced in the city, Li Xiangrui was just a lawyer in a small law firm. He was often complained about in order to make money. Later, when I got older, I felt that it was not worthwhile to deal with complaints every day, so I restrained myself a bit.

Later, I don't know who I got in touch with, how much money I gave them, went on TV, and started to fool the common people. I had four or five lawyers under my hand to take some cases that the parents didn't know well.All the older lawyers in the industry know his background.Nothing real. "Wankefa said dismissively.

"Well, I heard Lao Huang mentioned this person before. By the way, who is that Xing Tianzheng? I think you chatted with him for a long time after the meeting." Fang Yi asked.

"Speaking of it, we don't know each other. In those days, being a lawyer was not as detailed as it is now. A lawyer can do everything from criminal, civil, litigation, and non-litigation.

Because I have some resources, I do a lot of criminal cases. He often tries my cases, and we get to know each other once we come and go. "

After finishing speaking, Wan Kefa picked up the teacup, took a sip of tea, and looked up at Fang Yi: "Don't think about it, we are serious heroes who cherish heroes, we only become friends because of our professional ability, not the relationship of eating and drinking."

(End of this chapter)