Lawyer's character

"Then how should we interpret the provisions of Article 54 of the Food Hygiene Law of the People's Republic of China?" Zhou Qiming asked with a smile on his face.

He and Li Xiangrui are good friends. The two of them had discussed the case before, so their opinions were relatively consistent.

Now Wan Kefa and Xing Tianzheng opposed his and Li Xiangrui's views face to face, and they said so directly without any tact, which made him feel a little unhappy.

"Lawyer Fang, please tell us your understanding." Wan Kefa kicked the ball to Fang Yi.

Originally, Fang Yi was watching a few white-haired old guys pinching each other fiercely, and was about to sit back and watch the fight, but Wan Kefa suddenly pulled him off the field. Fang Yi understood that this was Wan Kefa recommending himself to the seniors in the circle. It is better to rely on teachers than to rely on your own professional reputation to be strong and convincing.

But Fang Yi also has his own concerns. It's very easy to offend people by being so tough. But then again, if you want to be famous, you will have overt and covert fights, and you will offend people. You can't achieve great things by looking ahead. Fang Yi gritted his teeth and said, "Whatever you like."

“I believe that Article 54 of the Food Hygiene Law excludes breeding and planting from the concept of food production. The original intention of the legislation is to indicate that breeding and planting are managed by agricultural administrative departments and not under health. Industries managed by administrative departments, that is to say, the above provisions are to distinguish the scope of competence of the two administrative departments, rather than to indicate that the breeding and planting industries do not objectively produce food.

‘Food’ as stipulated in Article 144 of the Criminal Law shall include various finished products and their products for human consumption or drinking. "Fang Yi said.

“I reserve my opinion on Lawyer Fang’s explanation.

I believe that feeding pigs with clenbuterol, a toxic and harmful non-food raw material, is not equivalent to directly mixing clenbuterol hydrochloride and other non-food raw materials into pork, and it cannot constitute the crime of producing toxic and harmful food. "Li Xiangrui felt that he couldn't find a better way to explain, but he didn't want to lose face, so he changed the topic.

Wan Kefa kicked Fang Yi beside him with his toe, signaling him to fight back.

"Well, let me tell you my personal opinion. I think Lawyer Li's opinion is flawed. It is too formal and ignores the essence of the behavior.

Feeding pigs with ‘clenbuterol’ will cause the pork to contain toxic substances, which everyone has just recognized. This behavior is actually no different from directly mixing toxic substances into pork. The behavior of the pig farm can be regarded as producing toxic food.

In this case, Zhang Wantian, as the operator and manager of a medium-sized pig farm, knowingly knew that 'clenbuterol' was a feed additive banned by the state, still used clenbuterol to feed pigs, which resulted in many consumers being poisoned after eating pork. The behavior constitutes the crime of producing and selling poisonous food. "Fang Yi said.

"I agree with lawyer Fang's opinion. In addition, the crime of producing and selling poisonous and harmful food stipulated in Article 144 of the Criminal Law is an optional crime.

In this case, the defendant Zhang Wantian produced and sold food containing ‘clenbuterol’, which is considered toxic food. Therefore, the crime of producing and selling toxic food can only be applied, and the crime of ‘producing and selling toxic and harmful food’ should not be applied. "Xing Tianzheng said.

His words were in response to Li Xiangrui's speech just now, and his meaning was very clear: Your Li Xiangrui's statement was not rigorous enough. It is implicitly said that Li Xiangrui's professional level is not good enough. Listening to the words, everyone present could tell that he was shaming Lawyer Li. Li Xiangrui's face didn't look good and he looked a little embarrassed.

"Now everyone has basically formed two opinions. One is that it does not constitute the crime of producing and selling poisonous food; the other is that it constitutes this crime. If it does not constitute this crime, it is easy to handle. If it does constitute this crime, how should the sentence be imposed? I don’t know what everyone’s opinions are.” Hua Liancheng realized that it would not be good to continue arguing like this, so he changed the subject in time.

"Since Lawyer Fang said that it constitutes the crime of producing and selling poisonous food, it is better for Lawyer Fang to talk about the sentencing issue first." Professor Zhou said in a neutral tone.

Fang Yi glanced at Professor Zhou and thought to himself: Yes! This person is offended! If you offend me, offend me. I rely on my ability to make a living, not on my salary.

"Okay, let me tell you my opinion and give you some ideas.

According to Article 5 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Criminal Cases concerning the Production and Sale of Counterfeit and Substandard Products": "Poisonous and harmful foods produced and sold may cause minor or serious injuries after being eaten. or other serious consequences, it should be deemed as 'causing serious harm to human health' as ​​stipulated in Article 144 of the Criminal Law.

If the poisonous or harmful food produced or sold causes serious disability, serious injuries to three or more people, minor injuries to more than ten people, or other particularly serious consequences after being eaten, it should be deemed as "causing particularly serious harm to human health."

In this case, Zhang Wantian's behavior of producing and selling toxic food caused more than 200 consumers to suffer varying degrees of poisoning symptoms. Currently, they have basically recovered after simple treatment, and have not caused minor injuries or left any serious harm to human health, such as sequelae. .

Based on the circumstances of the entire case, I think it is more appropriate to apply the first level of punishment to Zhang Wantian, which is a fixed-term imprisonment of not more than five years and a fine. Of course, I am making this suggestion without any other evidence in this case. The specific sentencing will depend on the circumstances of the trial. "Fang Yi said.

…

In the director's office, Wan Kefa was feeling proud, but Fang Yi across from him felt a little uneasy.

"Lao Wan, will you make too many enemies if you do this?" Fang Yi asked.

"What are you afraid of? In terms of ability, they are inferior to others, so we have to be willing to admit defeat. In terms of resources, we are not afraid of them. If it weren't for the media to deceive some cases, Li Xiangrui would be just a street vendor, and he is not at the same level as us.

When I was practicing in the city, Li Xiangrui was just a lawyer at a small law firm. He was constantly complained about in order to make money. Later, as he got older, he felt that it was not worthwhile to deal with complaints every day, so he restrained himself.

Later, I don’t know who he got connected with, how much money he paid to others, and he appeared on TV and began to fool the people. He had four or five lawyers under his staff to take on cases involving filthy parents. His old background is known to all the older lawyers in the industry. No real skills. "Wan Kefa said with disdain.

"Well, I heard Lao Huang mention this person before. By the way, who is that Xing Tianzheng? I see you chatted with him for a long time after the meeting." Fang Yi asked.

"Speaking of which, we are strangers to each other. In those days, being a lawyer was not as detailed as it is now. A lawyer could do everything from criminal, civil, litigation, and non-litigation.

Because I have some resources, I do more criminal cases. He often tries the cases I handle, and we get to know each other as we go back and forth. "

After saying that, Wan Kefa picked up the tea cup, took a sip of tea, and looked up at Fang Yi: "Don't think blindly, we are serious heroes who cherish heroes. We became friends because of our professional abilities, not the relationship of eating and drinking."