The Crime Threshold Is High &Nbsp; Food Supervision Dereliction Of Duty Crime Is Difficult To Apply.

"In fact, there are not necessarily dereliction of duty in cases of food safety.

Our hospital has not received any case of dereliction of duty for food supervision. "

Li Quanfu, President of the Criminal Court of the Huqiu people's court, said that in May 30th, the Huqiu District Court opened a case of * slaughtering, processing, and killing pigs. Two defendants were sentenced to 1 years, 9 months and 1 years and two months respectively.

Even if it involves dereliction of duty, the procuratorial organ may file a lawsuit on other charges.

Since the implementation of the criminal law amendment (eight), the people's Procuratorate of Xingyang, Zhengzhou has investigated and dealt with two cases of job-related crimes involving food safety.

According to Ding Tiemei, the procurator general of the Xingyang people's Procuratorate, in May 12th, the city procuratorate found out that a meat processing factory in Xingyang had injected 4801 pigs. The city pig slaughtering inspection team had found many illegal activities in the daily supervision and inspection, but only issued the "rectification notice" and indulged in criminal acts.

In the end, the procuratorate filed a public prosecution against 6 people, including Wang, the inspector team on suspicion of dereliction of duty.

In the case of Henan lean meat extract, a number of government officials were suspected of malfeasance, and courts in Qinyang and Mengzhou were eventually convicted and punished for dereliction of duty.

Abandoning is actually a crime fighting.

Ding Tiemei and Li Quanfu are both supporters of the crime of malfeasance in food supervision.

They said that before the introduction of the criminal law amendment (eight), public officers were guilty of dereliction of duty in food supervision. They were convicted and punished according to their respective identities, such as the crime of favoritism in commodity inspection, the crime of indulging in the crime of selling and selling fake and inferior commodities.

The addition of food supervision dereliction of duty solves the problem of "homogeneous responsibility" and reflects the determination and confidence of the state in combating such crimes.

"But because the standard of the crime is not clear and the threshold of crime is relatively high, it affects the application."

Ding Tiemei frankly said that the statutory plot violating the crime of dereliction of duty in food supervision is "a major food safety accident" or "causing other serious consequences". The statutory plot is quite vague, and there is no relevant reference standard in the current law and judicial interpretation.

For judicial practice, we can refer to the "national emergency plan for major food safety incidents". Ding Tiemei does not agree. "Whether the predetermination is a food safety accident is determined by the relevant government departments, so that the standard of crime and non crime is in the hands of the executive branch and is not consistent with the law".

Ding Tiemei said that the crime of dereliction of duty in food supervision is not a matter of investigating malfeasance in this field, so as to better combat crime.

Zhang, a law enforcement officer supervised by the Xingyang municipal procuratorate, helped the offenders take the case of pork containing lean meat into the market. The case involved 9 pigs, causing no major food safety incidents, and no serious consequences. They could not be considered as a crime of dereliction of duty in food supervision.

Finally, the crime of indulging in the sale and sale of fake and inferior commodities with a low threshold of crime is more conducive to combating dereliction of duty in food supervision similar to this case.