Increased crack down on food safety crime ---- "criminal law amendment eight" interpretation of 9

China's "criminal law" stipulated two relating to Food Safety Crime: article one hundred and forty-three of the criminal lawProduction, sales do not meet hygiene standards of food crimeAnd article one hundred and thirty-four of the criminal lawProduction, selling poisonous, harmful food sin. In recent years the big head doll event, Sanlu milk powder incident, tonyred incident, melamine incident, to the recent leather milk incident, clenbuterol events, food safety has touched people's nerves, more and more people's Congress called for increased penalties for food safety crimes. Production, sales do not meet hygiene standards of food crime
China's "criminal law" article 143rdProduction, sales do not meet hygiene standards of food crimeProvisions are: production, sales do not meet the health standards of food, enough to cause a serious accident of food poisoning or other severe food borne diseases, is less than three years imprisonment or criminal detention, or impose a single sales amount of fifty percent to less than two times the fine; cause serious harm to human health, three years or seven years in prison, and sales amount of fifty percent to less than two times the fine; if the consequences are especially serious, department for more than seven years of fixed-term imprisonment or life imprisonment, and sales amount of fifty percent to less than two times the fine or confiscation of property. Analytical: Production, sales do not meet hygiene standards of food crimeThe plot is divided into three grades, the standard of punishment has three. Modify: "Criminal law amendment eight" twenty-fourth to Article 143rd of the criminal law is amended as: "the production, sales do not meet the food safety standards of food, enough to cause a serious accident of food poisoning or other severe food borne diseases, is less than three years imprisonment or criminal detention, and shall also be fined; causing serious harm to human health or other serious circumstances at three years, more than seven years in prison, and shall also be fined; if the consequences are especially serious, department for more than seven years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property." "Criminal law amendment eight" and "criminal law" article 143rd compared to two revision: To make 1Production, sales do not meet hygiene standards of food crimeNo serious consequences, shall cancel the single fine. "Before the criminal law amendment eight" effect, the production, sales do not meet hygiene standards of food without causing serious consequences, the court can only be sentenced to a fine on the unit, the responsible person can not be sentenced. "Criminal law amendment eight" after the implementation, on the production, sales do not meet hygiene standards of food without causing serious consequences, is to be sentenced to a fine, and must be responsible for prison or detention punishment. Before the 2 "criminal law amendment eight" effect, the offender fines shall not exceed two times the sales. "Criminal law amendment eight" cancel the limit shall be sentenced to a fine. On the production, sales do not meet hygiene standards of food incorrigible, can be fined him a dissipate one's fortune. Production, selling poisonous, harmful food sin China's "criminal law" article 144thProduction, selling poisonous, harmful food sinThe rule is: "in the production, sale of food mixed with poisonous, harmful non food raw materials, or knowingly sells mixed with toxic, harmful non food raw food, is less than five years imprisonment or criminal detention, or impose a single sales amount of fifty percent to two times the fine; cause a serious accident of food poisoning or other severe food borne diseases, cause serious harm to human health, department for more than five years to ten years in prison, and sales amount of fifty percent to less than two times the fine; when causing death or serious harm to human health, shall be punished in accordance with the provisions of this article 141st." Analytical: Objective 1 of the crime of intentionally adding some toxic to the human body harmful substances in food, such as melamine, clenbuterol, harmful essence, pigment etc.. The 2 criminals to make food look good, good, good to sell, in order to earn more profits. Not to kill. In order to poison people and join the toxic and harmful substances in food is poisoning crime, does not belong to this crime. 3 the plot is divided into three grades, respectively different provisions of punishment. Just join the toxic and harmful substances in food, not to do harm to the health of others -- is less than five years imprisonment. Cause serious damage to the person healthy -- five to ten years in prison. When causing death or serious harm, in accordance with the provisions of law 141st of punishment to the human body, is sentenced to ten years imprisonment, life imprisonment or death. "Criminal law amendment eight" twenty-fifth to article 144th of the criminal law is amended as: "in the production, sale of food mixed with poisonous, harmful non food raw materials, or knowingly sells mixed with toxic, harmful non food raw food, less than five years in prison, and shall also be fined; on the human body do harm to the health or other serious circumstances, five to ten years in prison, and shall also be fined; causing death or other especially serious circumstances, shall be punished in accordance with the provisions of this article 141st." "Provisions of the criminal law amendment eight" and "criminal law" are four different: 1. The provisions can be fined, and the court shall be sentenced to a fine of criminal units must be the responsible person sentenced to deprivation of freedom. 2. Aggravated punishment standard. Delete the "less than five years imprisonment or criminal detention" in "detention" two words. In accordance with the "criminal law", make the production, selling poisonous and harmful food, the crime may be sentenced to prison, can also be sentenced to six months in detention. "Criminal law amendment eight" after the implementation, production and sale of poisonous and harmful food crimes committed at least six month prison sentence. 3. The expansion of scope of damage. In accordance with the "criminal law" provisions, will build on human health caused serious harm to the agency for more than five years to ten years in prison. "Criminal law amendment" in the "eight causes serious harm to human health" add "or other serious circumstances", "criminal law amendment eight" after the implementation, to make the production and sales of poisonous and harmful food sin without causing serious harm to human health, as long as there is a "serious circumstances", can also be sentenced to five years in prison. What is the "other serious circumstances", the law does not clearly defined, we can understand a lot of production, sales, production, sales as frequently, production and sale of poisonous and harmful food bribed government officials, production and sales of poisonous and harmful food against the investigation, etc.. 4, cancel the maximum amount of fines. To make production, selling poisonous, harmful food crime can be punished him a dissipate one's fortune. "Criminal law amendment eight" on the production and sale of toxic and harmful food sin did not abolish the death penalty. 　　　