Tongling Suburb People's Procuratorate
Non prosecution decision
Jiao Jian Xing Bu San [2021] No. 12
Non indictee week so-and-so , male, 19 ** year ** month ** Born on, Home Civilian identity card No. 34082319 ****** 7875, Han nationality, illiterate, registered permanent residence in Tongling, Anhui Province ** area **Town** village **Group * *, residence Tongling City, Anhui Province ** area **Town** village ** In room ， On suspicion Crime of producing and selling fake and inferior products, On July 29, 2020, he was granted a guarantor pending trial by the suburban branch of Tongling Public Security Bureau.
Cause of action Tongling Public Security Bureau Suburb Branch When the investigation is concluded, the person who is not prosecuted week so-and-so Suspected Crime of illegal business , on May 13, 2021 Transfer to this court for prosecution. After being accepted by the court, the court informed that it would not be prosecuted on the same day The litigant rights enjoyed by people in accordance with the law and the possible legal consequences of pleading guilty and accepting punishment, the person who was not prosecuted was interrogated in accordance with the law, and all case materials were reviewed.
The Court has examined and found that:
From 2019 to 2020, Not prosecuted Knowing that he had no qualification for seed production and management, Zhou bought different varieties of glutinous rice from the field and sold them in the name of glutinous rice seeds after drying. Non indictee Zhou sold more than 40000 jin of his own glutinous rice seeds to the Food and Agriculture Bureau of Lu, Lu, Xie, Tang, Hu and Zuo, with a sales amount of 100570 yuan.
The evidence for ascertaining the above facts includes:
1. Non indicted person week so-and-so ID information, bank transfer records, WeChat transfer records, Tongling Municipal Bureau of Agriculture and Rural Affairs' Reply on Cooperation in the Investigation of Production and Operation of Fake and Inferior Products, and other documentary evidence;
2. Witness Lu Moujia, Lu Mouyi, Xie so-and-so Confession of others;
3. Non indicted person week so-and-so Confessions and excuses;
four Records of on-site inspection.
In our opinion, Non indicted person week so-and-so He has committed the act specified in Article 225 of the Criminal Law of the People's Republic of China, but the circumstances of the crime are minor, such as voluntarily surrendering to the case after the crime, truthfully confessing the facts of the crime, voluntarily pleading guilty and pleading guilty to punishment. According to Article 65 of the Criminal Law of the People's Republic of China and Article 15 of the Criminal Procedure Law of the People's Republic of China, he may be given a lighter punishment. Non indicted person week so-and-so If the circumstances of the crime are minor, according to the provisions of the second paragraph of Article 177 of the Criminal Procedure Law of the People's Republic of China week so-and-so No prosecution.
If the person who is not prosecuted does not accept this decision, he may appeal to this court within seven days after receiving this decision.
Tongling Suburb People's Procuratorate
June 11, 2021
