Rural Credit Media
In order to further do a good job in the trial of "cracking down on counterfeiting of agricultural materials" in 2022, punishing crimes such as the production and sale of counterfeit and shoddy pesticides, veterinary drugs, chemical fertilizers, and seeds in accordance with the law, effectively safeguarding the interests of farmers, ensuring national food security, and carrying out spring ploughing and spring sowing when grabbing farmers throughout the country, the Supreme People's Court issued three typical cases of "cracking down on counterfeiting of agricultural materials"...
These crimes not only infringe on the state's quality supervision system for agricultural production materials, but also directly cause losses to agricultural production, affect agricultural efficiency, increase farmers' incomes and rural stability, endanger national food security, and have serious social harm. The people's courts attach great importance to the trial work of "cracking down on counterfeit agricultural materials", and have always insisted on severely punishing all kinds of crimes of making and selling fake and shoddy agricultural materials, such as harming farmers and harming farmers, and at the same time sentencing free sentences in accordance with law, they have increased the intensity of property punishments in accordance with the law, so that lawbreakers can pay a heavy price. The release of typical cases reflects the attitude and determination of the people's courts to crack down on crimes in the field of agricultural materials. At the same time, people's courts at all levels pay attention to extending adjudication functions, effectively resolving contradictions, and protecting the interests of victimized peasants to the greatest extent through judicial means and reducing peasants' losses. In the next step, the people's courts will further give play to their adjudication functions and provide effective judicial services and guarantees for the steady increase of agricultural production, the steady increase of farmers' income, and the stability and tranquility of rural areas.
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The Supreme People's Court issued typical cases of "cracking down on counterfeiting of agricultural materials"
Case 1: Zhang Chuanyi produced and sold counterfeit and inferior pesticides
-- The production and sale of counterfeit and inferior pesticides has led to a reduction in crop yields
Brief facts of the case
Defendant Zhang Chuanyi, male, Han ethnicity, born on March 6, 1965, is a shareholder of a Biotechnology Co., Ltd. in Dalian.
In August 2009, defendants Zhang Chuanyi and Shen X (handled in a separate case) registered and established a Dalian Biotechnology Co., Ltd. in Dalian City, Liaoning Province, and served as shareholders of the company. In March 2011, Zhang Chuanyi and Shen contacted Yang Mou (handled in a separate case) to produce a counterfeit and inferior pesticide "bacteriotriazole" (fungicide) in a pesticide factory located in Shangqiu City, Henan Province, and Shen sold a total of 200 pieces (300 packages of each) of the "bacteriotriazole" in the name of a salesman of a biotechnology company in Dalian to dealers in Tongshan District, Peixian and other places in Xuzhou City, with a sales amount of more than 36,000 yuan. After local farmers purchased the above pesticides from dealers to spray wheat, there was a situation of poor growth or no panicle, resulting in more than 1,600 mu of wheat production of more than 600 farmers reduced by more than 860,000 catties, and economic losses reached more than 860,000 yuan. After identification, the above pesticide "triazole" carbendazim content of 4.6%, sulfur content of 7.8%, is unqualified products.
The result of the referee
After trial, the court held that defendant Zhang Chuanyi, together with others in the production and sale of unqualified pesticides, caused particularly heavy losses to production, and his conduct constituted the crime of producing and selling counterfeit and inferior pesticides. After Zhang Chuanyi's case, he can voluntarily refund part of his economic losses, and may be given a lighter punishment as appropriate. Accordingly, defendant Zhang Chuanyi was sentenced to seven years and six months' imprisonment and fined RMB20,000 for the crime of producing and selling counterfeit and shoddy pesticides.
Case 2: Shen Zhouming, Wang Hezhong selling counterfeit and shoddy products
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Defendant Shen Zhouming, male, Han ethnicity, born on March 5, 1979, farmer.
Defendant Wang Hezhong, male, Han ethnicity, born on September 22, 1969, farmer.
Defendants Shen Zhouming, Wang Hezhong did not have veterinary drug business qualifications. From October 2017 to January 2019, Wang Hezhong purchased more than ten kinds of veterinary drugs such as casponic acid and amoxicillin at a significantly lower market price than lin moumous and others (handled in a separate case) from Lin Moumou and others who did not have veterinary drug production and business qualifications, and sold some veterinary drugs to Shen Zhouming, with a sales amount of more than 700,000 yuan. Shen Zhouming, knowing that the veterinary drug may be a counterfeit and inferior product, sold part of the veterinary drug to Niu and Zhang, with a sales amount of more than 1.04 million yuan. After Niu found that the veterinary drug he purchased was an unqualified product, he asked Shen Zhouming to refund, and Shen Zhouming returned 160,000 yuan to Niu. After identification, the veterinary drugs sold by Shen Zhouming, Wang Hezhong are all unqualified products.
After trial, the court held that the defendants Shen Zhouming, Wang Hezhong sold unqualified veterinary drugs by passing off as qualified veterinary drugs, and the sales amount reached more than 1.04 million yuan and more than 700,000 yuan respectively, and their acts constituted the crime of selling counterfeit and shoddy products. Shen Zhouming truthfully confessed his crime after arriving at the case, and actively returned the compensation, which can be given a lighter punishment. Wang Hezhong voluntarily surrendered and truthfully confessed his crime, and if he surrendered voluntarily, he could be given a mitigated punishment. Accordingly, defendant Shen Zhouming was sentenced to seven years' imprisonment and fined RMB530,000 for the crime of selling counterfeit and shoddy products, and defendant Wang Hezhong was sentenced to four years' imprisonment and fined RMB350,000.
Case 3: Ma Zhijie et al. produced and sold fake and shoddy seeds
-- The production and sale of counterfeit and inferior seeds has led to a reduction in crop yields
Defendant Ma Zhijie, male, Han ethnicity, born on October 7, 1972, is the legal representative of an agricultural technology research institute in Beijing.
Defendant Yin Minghua, male, Han ethnicity, born on July 23, 1979, is the legal representative of an agricultural development company in Chengde, Hebei Province.
Defendant Liu Detang, male, Han ethnicity, born on January 22, 1966, is the head of a certain sub-operation department in Pingdu City, Shandong Province.
At the end of 2018, defendant Ma Zhijie, without a crop seed production and operation license at a Beijing agricultural technology research institute where he was the legal representative, falsely claimed that he was the general agent of the "Delhong 88" carrot seed in China without authorization and commission, and held promotion meetings with defendants Yin Minghua and Liu Detang in Weichang County, Hebei Province, and Pingdu City, Shandong Province, respectively, to publicly promote and sell the variety of carrot seeds to the public, and respectively authorized Yin and Liu as sales agents for the seeds in the local area. Subsequently, Ma Zhijie customized the packaging jar of the yellow high can "Del Red 88" and purchased other varieties of carrot seeds for filling. Ma Zhijie informed Yin Minghua and Liu Detang of the above situation and sold it to Yin Minghua and Liu Detang at a price of 400 yuan and 360 yuan per can respectively, with a sales amount of 483,200 yuan. Yin Minghua and Liu Detang sold to local farmers at a price increase of 1100 yuan and 900 yuan per can respectively, with sales amounts of more than 300,000 yuan and 150,000 yuan respectively. After the farmers planted, there were large areas of red seedlings and dead seedlings. After production assessment and appraisal, the mu yield of regular "Delhong 88" carrot seeds was 5625 kg, the yield of carrot seeds sold by Ma Zhijie and others was only 3164-3535 kg, and the seeds sold by Yin Minghua and Liu Detang caused losses of more than 1.22 million yuan and more than 420,000 yuan respectively. After identification, the fingerprint of the SSR primer amplification of the carrot seed involved in the case was inconsistent with the SSR fingerprint amplified by the control sample "DelHong 88" carrot seed in 36 locus bands at 47 sites. After the incident, Yin Minghua and Liu Detang compensated for losses of 1.094 million yuan and 330,000 yuan respectively, returned part of the seed money and obtained understanding.
After trial, the court held that defendant Ma Zhijie's production and sale of fake and shoddy seeds caused particularly heavy losses to production, and his conduct constituted the crime of producing and selling fake and shoddy seeds; defendants Yin Minghua and Liu Detang sold fake and shoddy seeds, causing particularly heavy losses to production, and their acts all constituted the crime of selling fake and shoddy seeds. Ma Zhijie and Yin Minghua truthfully confessed after their arrest and had frank confessions; Liu Detang voluntarily surrendered and truthfully confessed to the crimes committed, with the circumstances of surrendering voluntarily; Yin Minghua and Liu Detang actively compensated the victims for their losses and obtained the victims' forgiveness. After comprehensive consideration, the court sentenced defendant Ma Zhijie to nine years' imprisonment and a fine of RMB350,000 for the crime of producing and selling counterfeit and shoddy seeds; Yin Minghua to seven years' imprisonment and a fine of RMB 250,000 for selling counterfeit and shoddy seeds; and Liu Detang, defendant, to three years' imprisonment and a fine of RMB 100,000 for selling counterfeit and shoddy seeds.
Source: Supreme People's Court
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