People's Procuratorate of Huaiyuan County, Anhui Province

Criminal protest

WJEB SJK [2019] No. 1

The People's Court of Huaiyuan County, Anhui Province, decided on the case of the defendant Nian XX who was suspected of producing and selling toxic and harmful food with the criminal judgment (2019) Wan 0321 Xing Chu No. 214: the defendant Nian XX committed the crime of producing toxic and harmful food, and was sentenced to seven months' imprisonment and a fine of 5000 yuan. After examination according to law, the Court held that the judgment was wrong in the application of law for the following reasons:

1. The judgment is wrong. The judgment found that the poisonous and harmful steamed stuffed buns produced by the defendant, Nian, were sold to the teachers and students of the school by the Baoji School Canteen, and there was no evidence to prove that the defendant, Nian, had committed the act of selling steamed stuffed buns. The court believes that the defendant, Mr. Nian, as a cook in the cafeteria of Baoji School, although he did not sell steamed buns himself, he subjectively knew that the steamed buns he produced were intended to be sold to teachers and students of the school, and objectively knew that the steamed buns he produced were sold to teachers and students of the school, which was tacitly approved of the sales behavior, and his behavior constituted a crime of producing and selling toxic and harmful food.

2. The judgment was wrong in sentencing. The judgment found that the defendant, Nian, had truthfully confessed the facts of the crime, which was a confession, and he was given a lighter punishment. However, according to the court trial, the defendant, year, retracted his confession in court, and has always argued that he did not know that baking powder could not be added, but that it was the boss who asked him to add it. He did not know that baking powder was toxic and harmful, and denied the subjective and intentional content of his crime, which does not belong to truthful confession of criminal facts, and does not constitute a confession.

To sum up, the Huaiyuan County People's Court (2019) Wan 0321 Xing Chu 214 Criminal Judgment was wrong in applying the law. In order to maintain judicial fairness and accurately punish crimes, we hereby lodge a protest in accordance with the provisions of Article 228 of the Criminal Procedure Law of the People's Republic of China and apply for a sentence according to law.

Sincerely

Bengbu Intermediate People's Court of Anhui Province

June 26, 2019

Attachment:

1. The defendant, year, was granted a guarantor pending trial at No. * * Group * *, * * Village, * * Township, Huaiyuan County.