Lawyer's character

There is a saying that "men will become bad when they are rich, and women will be rich when they are bad." Boss Zhang, who has a lot of money, began to expand. He bought villas, luxury cars, and mistresses, and was praised and awarded certificates by small meetings. , the halo on the head goes round and round. Later, the price of pigs in the market dropped, and the business of Tianpeng Farm was difficult. There were too many pigs in the pig farm and they could not be sold at a high price. If people eat what horses feed, if this continues, Tianpeng Farm's capital problems will arise.

In order to increase the lean meat rate of pigs and increase the income of the pig farm, Zhang Wantian secretly purchased two kilograms of clenbuterol hydrochloride, which is commonly known as "clenbuterol".

Zhang Wantian has been raising pigs for many years and naturally knows that clenbuterol is a breeding additive prohibited by the state. However, in order to improve the lean meat rate of pigs in his own farm, he secretly added clenbuterol to the feed of more than 100 pigs in the farm. Meat essence.

Half a month later, Zhang Wantian sold fifty of the pigs to Li Quan, who came to collect the pigs. Li Quan later sold the pigs to slaughterhouses in several nearby counties.

Not long after, many people in several nearby counties began to suffer from varying degrees of headaches, dizziness, muscle twitches, shortness of breath, vomiting and other poisoning symptoms. For a time, the county hospital was crowded with patients.

Such a big thing happened in the county, which alerted the superiors. An investigation team was immediately set up to investigate the poisoning incident.

After hospital diagnosis, the symptoms of the people in the county hospital were all caused by food poisoning. After repeated investigations, the public security department found that all the people who showed symptoms of poisoning had eaten pork. Later, the public security department followed the lead and found the Tianpeng Breeding Farm.

After sampling and testing by the Provincial Feed Supervision Institute, the urine samples of Zhang Wantian’s pigs all contained clenbuterol hydrochloride and tested positive.

Immediately afterwards, the public security department arrested Zhang Wantian for the crime of producing and selling poisonous and harmful food, and then transferred the case to the Procuratorate.

Zhang Wantian's daughter-in-law, the proprietress of Tianpeng Breeding Farm, was distraught when she saw her husband was arrested. She consulted several lawyers. The results of the consultation were mixed, which made her confused.

In desperation, she found Hua Liancheng and asked him to come forward and invite some experts to study her husband's case to see if he would be sentenced and how many years he would be sentenced.

"This is the entire case. Two days ago, we have sent the case file materials to everyone's mailboxes. You must have read them. Now I invite you to speak about this case and express your opinions." Hua Liancheng said.

“Let me start by provoking some ideas and giving my opinion.” Lawyer Zhao cleared his throat and said, “After I got the case file, I checked whether ‘clenbuterol’ is a food ingredient.

According to the results of my query, 'clenbuterol', medically known as clenbuterol, is a beta-adrenergic stimulant and is a human drug used to treat bronchial asthma, chronic bronchitis, emphysema and other diseases. It does not belong to the food category and is a non-food raw material. "

"Well, I also asked my medical friends and checked the literature. If 'clenbuterol' is used as a feed additive to feed pigs, it will form residues in the pigs, including residues in the liver, lungs, eyeballs, and kidneys. The amount is higher.

When meat products containing clenbuterol are eaten by humans, signs of poisoning will appear. The most typical symptoms are muscle tremors, heart palpitations, headaches, dizziness, nausea, vomiting, fever, tremors, etc., which can even lead to death. Therefore, ‘clenbuterol’ is a toxic non-food raw material.

Therefore, adding clenbuterol to pig feed is strictly prohibited. At this point, there must be no controversy. "A white-haired old man with a very academic spirit followed and spoke.

Through his table ticket, Fang Yi knew that he was a law professor at a local university named Zhou Liansheng.

After he spoke, everyone expressed their opinions one after another, and everyone had the same opinion on the issue of clenbuterol.

"Now that the issue of clenbuterol has been resolved. Let me share my opinion. I think there may be problems with the charges charged by the public security department and the procuratorate against Zhang Wantian.

Article 144 of the Criminal Law stipulates that any person who mixes toxic 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, constitutes production or sales. Poisonous and harmful food crimes.

So are the pigs in the pig farm considered food? If they are not considered food, then Zhang Wantian’s behavior does not constitute the crime of producing and selling toxic or harmful food.

To this end, I consulted the "Food Hygiene Law of the People's Republic of China". Article 54 of the law stipulates that food production and operation refers to the production (excluding planting and breeding), collection, purchase, processing, and storage of all foods. , transportation, display, supply, sales and other activities.

According to the above regulations, pig farms belong to the breeding industry, and raising pigs in pig farms should not belong to food production and operation. Since it does not belong to food production and operation, Zhang Wantian's behavior naturally does not constitute the crime of producing and selling toxic food. This is my opinion on this case, I don’t know what others think. "The old man whose name is Zhou Qiming on the table said energetically. He is a professor at another university's law school.

"Well, I agree with Professor Zhou. Raising pigs in pig farms should not be classified as food production. Pigs are food raw materials, not food. Only pork is food." A man in his fifties next to Professor Zhou The round-faced old man nodded.

His name is Li Xiangrui, a member of the city's law society and a partner of another medium-sized law firm.

I have some impression of Li Xiangrui and Fang Yi. He often appears in TV programs to popularize the law and is very famous. People in the industry commented on him that he "talks the talk", which can be interpreted as deception. He seems to be "very professional", but in fact his professional level is average and he usually doesn't handle cases at all. People like this are very popular in the legal circle nowadays, but lawyers who handle cases honestly don’t have many clients.

"I think Lawyer Li's point of view is debatable. Based on this reasoning, raw pork should not be food, only cooked pork is food. This view is too mechanical." Wan Kefa said neither salty nor bland.

He looked down upon Li Xiangrui and did not agree with his opinions.

“Well, I support Lawyer Wan’s point of view.

From a practical point of view, the live fish sold in the market, various fruits picked in the picking gardens, and vegetables picked from the fields are all food for ordinary people. From the perspective of an ordinary person, these things are also food for the mouth. No one will deny this.

The view that pigs are not food is not only inconsistent with ordinary people's concepts, but also makes criminal legislation and criminal justice confused due to misunderstanding and application of administrative laws. "The imposing old man who had been silent all this time said suddenly.

Fang Yi took a special look at the label in front of him. He was a specially appointed expert from Wanhua United Law Firm and a retired judge of the High Court. His name was Xing Tianzheng. I have to say that this name goes very well with his temperament.