Recently, the People's Procuratorate of Qixingguan District filed a criminal incidental civil public interest lawsuit against Mr. Cheng in the case of producing and selling toxic and harmful food in accordance with the law, and ordered him to publicly apologize to the public in the media at or above the provincial level, and pay public interest litigation compensation of 3,000 yuan.
On February 18, 2021, defendant Cheng XX, in the process of operating a mutton powder restaurant on the street of Fangzhu Town, Qixingguan District, Bijie City, in order to improve the taste of mutton soup, added poppy stalks to mutton soup and boiled it and sold it to customers, and on the 20th of the same month, it was seized by the public security organs, and after identification, morphine ingredients were detected in the mutton soup boiled by Cheng XX. The Qixingguan District People's Procuratorate held that Mr. Cheng deliberately mixed poisonous and harmful non-food raw material poppy stalks into the mutton soup produced and sold, and sold them to unspecified consumers, harming the social public interest. Objectively, the damage to the public interest has been caused, and civil liability shall be borne.
In order to protect the social public interest, the Qixingguan District People's Procuratorate, while initiating a public prosecution in accordance with the law, filed a criminal attached civil public interest lawsuit with the people's court on May 26, 2021, requesting that the defendant Cheng X be ordered to pay 3,000 yuan in public interest litigation compensation in accordance with the law, and at the same time publicly apologize in the media at or above the provincial level within 30 days after the judgment takes effect.
A few days ago, after a court hearing and making a judgment: sentence Cheng xxx to commit the crime of producing and selling poisonous and harmful food, sentence him to one year's imprisonment, suspended for one year, and fined 1,000 yuan; 300 yuan of Cheng xx's illegal gains, he should be recovered in accordance with law and handed over to the state treasury; Cheng xxx was prohibited from engaging in food production, sales and related activities during the probationary period of probation; and cheng xxx was ordered to publicly apologize in the media at or above the provincial level within 30 days after the judgment took effect and pay public interest litigation compensation of 3,000 yuan.
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Article 144 of the Criminal Law of the People's Republic of China Whoever, for the crime of producing or selling poisonous or harmful food, mixes poisonous or harmful non-food raw materials into the food produced or sold, or sells food that is knowingly mixed with toxic or harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Penalties are imposed in accordance with the provisions of Article 141 of this Law.
Source: Qixingguan District People's Procuratorate