Limit the use of the reprieve and exempt from punishment in food security crime

Limit the use of the reprieve and exempt from punishment in food security crime
Limit the use of the reprieve and exempt from punishment in food security crime
The central political-legal departments jointly send the documents, demand to strengthen the punishment of property applicably, deprive making a profit illegally and advantage of committing crime again The Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice announced " notice on punishing severely and endangering the criminal activity of the food security in accordance with the law " to the outside on the 15th. " notice " demands to punish severely and endanger the criminal activity of the food security in accordance with the law. Remain the high-pressure situation all the time according to Xinhua News Agency's attack " notice " points out, endanger the criminal activity of the food security, endanger the people's life health and safety seriously, the people sick of this. The public security organ, procuratorial organ, people's court, judicial administrative organ at all levels of the whole country should further reach a common understanding, one attacks the behavior of endangering the food security crime the pendulum is in the outstanding position all the time, remain it all the time to the high-pressure situation endangering the criminal activity of the food security. Put public security men on file for investigation and prosecution and place on file in time fast and track down " notice " to require, the public security organ, procuratorial organ, people's court, judicial administrative organ at all levels of the whole country should further strengthen and link up the coordination, close cooperation, form resultant of forces of attacking the behavior of endangering the food security crime conscientiously. The public security organ, for suspected of being involved in crime of endangering the food security, should place on file in timing, take the effective criminal coercive measures in accordance with the law, track down fast, and transfer and examine prosecuting in time. The procuratorial organ should do the work of examining and ratifying the arrest and prosecuting well conscientiously, fully fulfil the legal supervisory duty, transfer and suspected of being involved in the criminal information to supervise to the administrative law enforcement agency in accordance with the law, further strengthen the legal supervision of ~s links of placing on file, prosecuting, trying, carrying out etc., guarantee to investigate, prosecute, try, execution work goes on in order in accordance with the law. It takes to firmly sentence to death in the people's court and understand, rigorously enforce the applicable law accurately as sentencing to death in the crime of measurement of penalty of the court. To endangering declaring the measurement of penalty guilty of the food security criminal, should not merely consider crime number, situation of loss of life, it is influenced etc. that also fully consider the criminal's subjective and malignant, crime means, intensity of destruction to market order of criminal offence, abominable. Recidivist, habitual offender, prime culprit in complicity committing crime in endangering the food security, causing endangering and selling to the criminal enormous in amount of money seriously to the health, want, punish severely in accordance with the law firmly, crime, as sentence to death, take, sentence to death in accordance with the law firmly; The ones that should strengthen punishment of property are applicable, deprive the capital that criminals made a profit illegally and committed crime again completely; Control and applied to suspended sentence and exempt from criminal punishment in endangering the food security criminal strictly. Malfeasance person's involving in case of corruption and degeneration of the crime by taking advantage of duty can't emphasize, contain in accordance with the law and attack the behavior of endangering the food security crime with " notice " of exempting from punishment, must punish the relevant post criminal offence severely in accordance with the law. For shielding, conniving at the corrupt element who endangers illegal activity of the food security, and endanger and take bribes in the illegal activity of the food security at the place where the food security is supervised and checked, the national staff members neglecting one's duties, abusing one's power, bending the law for the benefit of relatives or friends, defaulting the legal duty, get rid of all resistance and interfere with, devote more efforts to investigating and prosecuting, punish severely in accordance with the law. To the post criminal correlated with endangering the food security, generally can't be applied to suspended sentence or sentence and exempt from criminal punishment. System find, supervise loophole, want, propose administration of justice, propose " the notice " require still while being sound, supervise loophole and hidden danger that the respect exists to the food security found in investigating and prosecuting the case, propose the judicial suggestion in time, remind and supervise related departments and unit to perfect the system, strengthen management, prevent trouble before it happens. Voice food security penalty efforts enough to frighten the crime, " influences 3 of the whole country to gather cyanogen amine milk power at the end of last year and the beginning of this year, what we discovered and seized while handling a case is suspected of being involved in several dozen tons and three prime culprits who gathers the cyanogen amine question milk power of production and sales, only sentenced the fixed-term imprisonment to for three years finally, and reprieve for three years. " A few days ago, Ministry of Public Security the intersection of public security and Shanghai Xu, Deputy Bureau Director of office, refer to the intersection of food security and legislation,etc., say at the problem, such attack is not enough to frighten the crime, it is not enough to prevent the continuation of this kind of criminal offence from taking place either. Will it be July this year, Qinghai go wrong milk power again. Shanghai Xu introduce, in track down Tianjin some the intersection of dairy products and Co., Ltd., produce, produce and sell in the poisonous harmful food, when the personnel in charge of the case go to control the high tube of the company, the other side is the personnel in charge of the case, tell relative, " don't be afraid, the punishment that is sentenced to three years' imprisonment at most " . Combine above-mentioned experience, Shanghai Xu propose, study the intersection of food security and crime and countermeasure to improve legislation. Great food security incident produces the major part baby incident in 2004 Fuyang, Anhui in recent years, because the albumen content is well below the country to require, cause more than ten infants to die in the inferior baby's milk power. The heart duck's egg of 2006 Hebei and other places, is found that it is red to add the Sudan. 2008 three deer groups are found and added in the original milk and gathers cyanogen amine three times, in order to increase the content of protein in measuring.


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