A brief analysis of criminal legal risks related to the frozen product industry
- Author:sofreight.com
- Release Date:2023-03-30
Since the outbreak of new coronary pneumonia, some industries have been greatly affected, especially the frozen industry -the new coronary virus has survived in a low temperature environment, which can easily lead to the spread of cold chain virus.Smuggling frozen products not only seriously damage the customs regulatory order and normal trade order of customs, but also the risk of spreading the spread of new crown pneumonia, which seriously endangers public health and food safety.Therefore, countries and localities have launched relevant policies for strengthening supervision of the frozen product industry.This article will focus on analyzing the criminal legal risks that frozen companies may encounter during the prevention and control of the new crown pneumonia.
Smuggling crime
The crime of smuggling the country for prohibiting imports and exports of goods and items
By searching the China Magistrate Document Network, the most commonly touched criminal cases in the frozen product industry are smuggling crimes, and the most crimes involving the crime of smuggling the country to ban the import and export of goods and items.
The crime of smuggling countries prohibiting imports and exports refers to the act of violating customs regulations, evading customs supervision, and illegally carried, transported, mailing rare plants and their products to prohibit imports and exports from imports and exports.Both natural persons and units can constitute the subject of cost sin.
In related cases, in addition to smuggling around and providing related help behaviors, the crime of the most likely to violate the prohibition of imports and exports of smuggling countries in the frozen industry is that the actor knows that frozen products are from the epidemic area or prohibited imports from imports.In the case of countries or regions, they still buy from smuggling.
According to Article 155 of the Criminal Law of the People's Republic of China (hereinafter referred to as the Criminal Law), those who directly oblite the country from illegal acquisition of imports from smuggling to the private acquisition of the country orIf the state prohibits imports and exports, the crime of smuggling goods and items to smuggle imports and exports.
Smuggling ordinary goods and items
Among the criminal cases related to the frozen product industry, the crime of smuggling ordinary goods and items is second only to the crime of smuggling countries to prohibit import and export goods and items.
The crime of smuggling ordinary goods and items refers to violating customs regulations, evading customs supervision, illegal transportation, carrying, mailing ordinary goods, and entering and leaving the country (border).Smuggling after the second administrative penalty.
Frozen -related smuggling cases can be roughly divided into two categories: one is a case of smuggling cases mainly based on maritime smuggling; the other is smuggling cases involved in customs clearance of customs reports.
In the case of smuggling general goods involving frozen products, many companies directly illegally acquire smuggling imported goods from smuggling.The main difference between such cases and the crimes of goods and items that are prohibited from import and export from the previous described countries are that the source of the goods is not an overseas epidemic area or a country or region that prohibit imports.
In addition, many of the companies involved in the false report, many because the owner was cheap. After paying the "tax payment and fees", the agent company applied for any form of customs clearance.Enterprises should pay special attention to that even if they do not actually participate in the production of false documents, and have not made any customs declaration materials, the owner is still commissioningIf the agency imported from the goods, the owner is a co -crime of smuggling and intentional intention to be smuggling and intentionally.
Covering and concealing the crime offended
Knowing that the actor sells for smuggling frozen products, but still chooses to buy, it may also constitute the crime of covering up, concealing criminal income, and income of criminal income.
The crime of covering up and concealing crime and income of criminal income refers to the act of hiding, transferring, acquired, sold, or concealed in other methods.In accordance with relevant judicial interpretations, those who conceal and conceal the income of crime and their income reaches more than 100,000 yuan will belong to the serious category of the circumstances. According to the "Criminal Law" regulations, it shall be sentenced to imprisonment of more than three years and seven years, and a fine.
The main difference between this crime and the provisions of Article 155 of the Criminal Law is whether the perpetrators "directly illegally acquires" smuggling goods.For example, the actor's purchase of smuggling goods that are repeatedly transferred may constitute a concealment of crime and offending.
Opportunity and plant of the animals and plant epidemic prevention and quarantine
Sales of overseas frozen products without inspection and quarantine, if the pathogens with animals from other countries or regions, may be detected, and may violate the crime of obstructing the prevention and quarantine of animal and plant.
The crime of obstructing the epidemic prevention and quarantine of animals and plants refers to the state regulations that violate the disease prevention and quarantine of animals and plants, causing a major dynamic and plant epidemic, or may cause the danger of major animal and plant epidemic.Places or single fines.
If the unit constituted the crime, the unit is punished and the person in charge and other responsible persons directly responsible for will be punished according to law.
The crime of production and sales does not meet safety standards
In order to prevent and control diseases, the country's frozen products are clearly prohibited. If it is sufficient to cause severe food poisoning accidents or other severe food -based diseases, it does not meet food safety standards and may constitute a sin of food that does not meet safety standards.
Food crimes that do not meet safety standards in production and sales refer to foods that do not meet food safety standards for production and sales, which is enough to cause serious food poisoning accidents or other severe food source diseases.; If it causes serious harm to human health or has other serious circumstances, it will be imprisoned for three years and seven years, and a fine; if the consequences are particularly serious, be sentenced to more than seven years in prison or life imprisonment, and punish or confiscate property.
It should be noted that because of the behavior of such cases, it also infringes the health rights of unspecified consumers and harmed the public interests of the society. It should also bear corresponding civil liability. Procuratorate can file a criminal attached civil public interest lawsuit in accordance with the law to safeguard the societyPublic Interest.
Other related criminal risks
On January 21, 2022, according to the situation of the immune -related cases reported by the Beijing police, in response to the confirmed cases of the cold chain storage and transportation practitioners, cooperation with Health, Disease Control and Market Supervision and other departmentsAmong them, the Beijing police found that Yang Moumou, an operator of a food wholesale department, violated the relevant provisions of the cold chain food epidemic prevention and control, and replaced the import labels of seafood such as fish imported from a certain country in Southeast Asia to the domestic logoSupervision, there is a serious danger that caused the spread of new crown pneumonia, and has been investigated by the police in accordance with the law.
Such a prevention and control measures for the rejection of the health and epidemic prevention agencies in accordance with the "Prevention and Control Law of the People's Republic of China" caused a new type of coronary virus to spread or have serious danger of transmission, which may constitute the crime of obstructing the prevention and treatment of infectious diseases.If it is intentionally disseminated with the primary infectious diseases, the situation that harms public safety may constitute a crime of harming public safety by hazardous methods.
TIPS
First, when purchasing imported frozen products, we must clarify the source of the goods. Pay attention to the authenticity of imported documents such as frozen products, as well as the legitimacy of the goods. Do not purchase unknown goods to prevent related criminal criminal risks.
The second is that in the import declaration process, the customs declaration must be taken carefully, and the declaration of the name, specifications, quantities, and related documents in the process of customs clearance should be paid closely.
Third, enterprises should raise awareness of daily criminal legal risk prevention and operate compliant and legal.
Smuggling crime
The crime of smuggling the country for prohibiting imports and exports of goods and items
By searching the China Magistrate Document Network, the most commonly touched criminal cases in the frozen product industry are smuggling crimes, and the most crimes involving the crime of smuggling the country to ban the import and export of goods and items.
The crime of smuggling countries prohibiting imports and exports refers to the act of violating customs regulations, evading customs supervision, and illegally carried, transported, mailing rare plants and their products to prohibit imports and exports from imports and exports.Both natural persons and units can constitute the subject of cost sin.
In related cases, in addition to smuggling around and providing related help behaviors, the crime of the most likely to violate the prohibition of imports and exports of smuggling countries in the frozen industry is that the actor knows that frozen products are from the epidemic area or prohibited imports from imports.In the case of countries or regions, they still buy from smuggling.
According to Article 155 of the Criminal Law of the People's Republic of China (hereinafter referred to as the Criminal Law), those who directly oblite the country from illegal acquisition of imports from smuggling to the private acquisition of the country orIf the state prohibits imports and exports, the crime of smuggling goods and items to smuggle imports and exports.
Smuggling ordinary goods and items
Among the criminal cases related to the frozen product industry, the crime of smuggling ordinary goods and items is second only to the crime of smuggling countries to prohibit import and export goods and items.
The crime of smuggling ordinary goods and items refers to violating customs regulations, evading customs supervision, illegal transportation, carrying, mailing ordinary goods, and entering and leaving the country (border).Smuggling after the second administrative penalty.
Frozen -related smuggling cases can be roughly divided into two categories: one is a case of smuggling cases mainly based on maritime smuggling; the other is smuggling cases involved in customs clearance of customs reports.
In the case of smuggling general goods involving frozen products, many companies directly illegally acquire smuggling imported goods from smuggling.The main difference between such cases and the crimes of goods and items that are prohibited from import and export from the previous described countries are that the source of the goods is not an overseas epidemic area or a country or region that prohibit imports.
In addition, many of the companies involved in the false report, many because the owner was cheap. After paying the "tax payment and fees", the agent company applied for any form of customs clearance.Enterprises should pay special attention to that even if they do not actually participate in the production of false documents, and have not made any customs declaration materials, the owner is still commissioningIf the agency imported from the goods, the owner is a co -crime of smuggling and intentional intention to be smuggling and intentionally.
Covering and concealing the crime offended
Knowing that the actor sells for smuggling frozen products, but still chooses to buy, it may also constitute the crime of covering up, concealing criminal income, and income of criminal income.
The crime of covering up and concealing crime and income of criminal income refers to the act of hiding, transferring, acquired, sold, or concealed in other methods.In accordance with relevant judicial interpretations, those who conceal and conceal the income of crime and their income reaches more than 100,000 yuan will belong to the serious category of the circumstances. According to the "Criminal Law" regulations, it shall be sentenced to imprisonment of more than three years and seven years, and a fine.
The main difference between this crime and the provisions of Article 155 of the Criminal Law is whether the perpetrators "directly illegally acquires" smuggling goods.For example, the actor's purchase of smuggling goods that are repeatedly transferred may constitute a concealment of crime and offending.
Opportunity and plant of the animals and plant epidemic prevention and quarantine
Sales of overseas frozen products without inspection and quarantine, if the pathogens with animals from other countries or regions, may be detected, and may violate the crime of obstructing the prevention and quarantine of animal and plant.
The crime of obstructing the epidemic prevention and quarantine of animals and plants refers to the state regulations that violate the disease prevention and quarantine of animals and plants, causing a major dynamic and plant epidemic, or may cause the danger of major animal and plant epidemic.Places or single fines.
If the unit constituted the crime, the unit is punished and the person in charge and other responsible persons directly responsible for will be punished according to law.
The crime of production and sales does not meet safety standards
In order to prevent and control diseases, the country's frozen products are clearly prohibited. If it is sufficient to cause severe food poisoning accidents or other severe food -based diseases, it does not meet food safety standards and may constitute a sin of food that does not meet safety standards.
Food crimes that do not meet safety standards in production and sales refer to foods that do not meet food safety standards for production and sales, which is enough to cause serious food poisoning accidents or other severe food source diseases.; If it causes serious harm to human health or has other serious circumstances, it will be imprisoned for three years and seven years, and a fine; if the consequences are particularly serious, be sentenced to more than seven years in prison or life imprisonment, and punish or confiscate property.
It should be noted that because of the behavior of such cases, it also infringes the health rights of unspecified consumers and harmed the public interests of the society. It should also bear corresponding civil liability. Procuratorate can file a criminal attached civil public interest lawsuit in accordance with the law to safeguard the societyPublic Interest.
Other related criminal risks
On January 21, 2022, according to the situation of the immune -related cases reported by the Beijing police, in response to the confirmed cases of the cold chain storage and transportation practitioners, cooperation with Health, Disease Control and Market Supervision and other departmentsAmong them, the Beijing police found that Yang Moumou, an operator of a food wholesale department, violated the relevant provisions of the cold chain food epidemic prevention and control, and replaced the import labels of seafood such as fish imported from a certain country in Southeast Asia to the domestic logoSupervision, there is a serious danger that caused the spread of new crown pneumonia, and has been investigated by the police in accordance with the law.
Such a prevention and control measures for the rejection of the health and epidemic prevention agencies in accordance with the "Prevention and Control Law of the People's Republic of China" caused a new type of coronary virus to spread or have serious danger of transmission, which may constitute the crime of obstructing the prevention and treatment of infectious diseases.If it is intentionally disseminated with the primary infectious diseases, the situation that harms public safety may constitute a crime of harming public safety by hazardous methods.
TIPS
First, when purchasing imported frozen products, we must clarify the source of the goods. Pay attention to the authenticity of imported documents such as frozen products, as well as the legitimacy of the goods. Do not purchase unknown goods to prevent related criminal criminal risks.
The second is that in the import declaration process, the customs declaration must be taken carefully, and the declaration of the name, specifications, quantities, and related documents in the process of customs clearance should be paid closely.
Third, enterprises should raise awareness of daily criminal legal risk prevention and operate compliant and legal.