I want to make the stuffing skin more powerful, but I use illegal means to harm others and harm myself zhangye Ganzhou: Zhang Mou and 5 other people produced and sold toxic and harmful food

Zhangye is a national historical and cultural city, receiving 30 million tourists every year. As one of the most popular special snacks in the northwest region, the stuffed skin is deeply loved by the broad masses of the people. However, in June 2019, in order to make the brewed skin more powerful to eat and easy to preserve for a long time, Zhang Mou and others illegally added non-edible substances such as "strong tendon king" and "reinforcing agent" to the flour processed to the skin, and this "black heart" profit-seeking crime seriously endangered the health of consumers and foreign tourists, and damaged the reputation of local snacks. The Ganzhou District People's Procuratorate prosecuted Zhang Mou and five other people for the crime of producing and selling toxic and harmful food in accordance with the law, effectively warning and deterring illegal and criminal acts that endangered food safety.

Food safety is no small matter, and early intervention to perform duties

"Although this case is small, but the brewed skin is a special snack in Zhangye area, the brewing skin shop operated by individual defendants in the case is still well-known in the local area, and all the case evidence must be solid" "In the investigation, it is not only necessary to look at the situation seized at the scene, but also to investigate the defendant's experience in the production of brewed skin..." The procurator who undertook the case at the Ganzhou District Procuratorate told the investigators of the public security organs.

According to the List of Non-edible Substances That May Be Illegally Added to Food (The First Batch) published by the relevant departments of the State Council in 2008, boric acid was prohibited from being added to food. However, how boric acid is "toxic and harmful" to the body is not stated.

To this end, the procurator undertaking the case took the initiative to strengthen contact and communication with the market supervision department and the public security organs, and repeatedly discussed the problems existing in the determination of case facts and the acceptance of evidence. At the same time, he consulted experts and professors on food safety about the harm of boric acid to the human body, collected relevant papers and news reports on the Internet, and finally determined that repeated consumption of small doses of boric acid was both "toxic" and "harmful" to the human body from many aspects such as the chemical properties of boric acid, industrial use, and the impact on body functions. According to the inspection of Gansu Zhongshang Food Quality Inspection Co., Ltd., the detection content of boric acid in the brewing skin produced and sold by Zhang Mou and other five defendants reached 3966.74mg/kg, 1260.95mg/kg, 575mg/kg, 556.02mg/kg and 369.71mg/kg respectively, which seriously affected the health and life safety of the eaters.

Close contact and communication, accurate qualitative sentencing

The "four strictest" are General Secretary Xi Jinping's requirements for handling food demand cases. As a typical execution transfer case, after the market supervision department concluded the investigation, it was transferred to the public security organ for investigation and evidence collection. However, due to the strong professionalism of the endangerment of food safety cases, the public security organs are not sure how to collect evidence and how to characterize similar cases, the procurator undertaking the case intervened in the investigation in advance, carefully read the case file, discussed the case with the investigation organ, visited some brewing skin operators with the market supervision department, learned about the production process of brewing skin, contacted and communicated with the public security organs many times, and finally put forward specific opinions from many aspects such as physical evidence extraction, sample inspection and conversion of administrative case records into criminal case records, and guided the public security organs to comprehensively collect fixed evidence.

During the review and prosecution stage, the undertaking procurator conducted a comprehensive analysis of the defendant's sentencing recommendation. Since there is no sentencing guidance for the crime of producing and selling toxic and harmful food, and there is no specific reference to typical cases, the procurator objectively evaluates the circumstances of the crime and the social harmfulness based on the length of time for adding boric acid to the brewing skin, the content of boric acid, the time spent in brewing the skin, the sales volume, and the attitude of admitting guilt, and separately puts forward accurate sentencing recommendations for each defendant that reflects the appropriate punishment of criminal responsibility.

According to the interpretation, the defendant voluntarily admitted guilt and accepted punishment

After the case was transferred to the Ganzhou District Procuratorate for review and prosecution, a public prosecution was directly initiated, without retreat or delay, and all 5 people involved in the case were investigated for criminal responsibility, so as to achieve substantive intervention and effective intervention. During the review and prosecution stage, the procurator undertaking the case lawfully informs the criminal suspect of a leniency system for admitting guilt and accepting punishment. Patiently explain to the criminal suspect the harm of repeated consumption of small doses of boric acid to the human body, the sentencing circumstances and the sentencing ratio. After the prosecution, he communicated with the defendant's legal aid lawyer many times. In the end, Zhang and others signed an affidavit admitting guilt and accepting punishment. Our sentencing recommendation was also fully adopted by the court.

On February 12, 2020, the Ganzhou District Procuratorate filed a public prosecution with the Ganzhou District Court of Zhangye City for the crime of producing and selling toxic and harmful food, including defendant Zhang Mou. The court finally sentenced Zhang and five others to fixed-term prison terms ranging from one to six months for the crime of producing and selling poisonous and harmful food, and imposed fines ranging from 20,000 yuan to 10,000 yuan.

Extend procuratorial functions and continue to guard the "tip of the tongue safety"

As one of the most popular special snacks in the northwest region, the stuffed skin is deeply loved by the broad masses of the people. The illegal and criminal acts of the defendants in this case not only seriously endangered the health of unspecified people, but also damaged the reputation of local snacks, which was not conducive to the development of the local economy. After the judgment of the series of cases, the procurator in charge believed that the case must not be handled, and took the initiative to discuss with the relevant person in charge of the Market Supervision Bureau on how to solve the problems exposed by the series of cases, and suggested that the market supervision department strengthen the supervision of brewing skin production and the publicity of the rule of law on food safety. The bureau convened all the personnel engaged in the production and sale of brewed skins in the whole region, informed them of the judgments and administrative punishment decisions of the series of cases, and carried out the "two-party responsibility" talk on food safety, which effectively warned and deterred illegal and criminal acts that endangered food safety, and achieved good political, social and legal effects.

The case handling is over, but the task and responsibility of guarding the "tip of the tongue" of the local people is not over, and the Ganzhou District Procuratorate will continue to publicly convey the clear orientation of the "most severe punishment" of food safety to the public, continue to force food practitioners to abide by the law and discipline, know reverence, and know the bottom line, and consciously and persistently protect the people's "tip of the tongue safety" according to law.