[NCB] After the Promulgation of the New REGULATIONS, These Illegal Use of Pesticides re Suspected of Crimes! The Most Serious Sentence is Life Imprisonment!

date of issue:2019-08-06     Source: Agrow
The newly revised REGULATIONS AGRICULTURALCHEM has set strict legal liability for the production, operation, and users of pesticides, strengthened penalties and severely cracked down on illegal pesticide acts. In accordance with REGULATIONS and the relevant provisions of Criminal Law, this paper analyzed the criminal legal liability of suspected pesticide-related acts and sorted out the transfer criteria that the relevant cases should be prosecuted by judicial organs for reference of local law enforcement.

1.The crime of producing and selling fake and inferior products

Violation of REGULATIONS: production (including entrusted or entrusted processing, sub-packaging), operation of false pesticides, inferior pesticides or pesticides treated according to false pesticides or inferior pesticides.

Transfer criteria: According to Article 16 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the jurisdiction of Public Security Organs (1), producers and sellers who adulterate or adulterate their products, pretend to be fake, or pretend to be qualified products with substandard products shall be prosecuted if they are suspected of one of the following circumstances:

(1)The sales amount of fake and inferior products is more than 50,000 yuan;

(2) The fake and inferior products have not yet been sold and the value of the goods is more than 150,000 yuan;

(3) The sales amount of fake and inferior products is less than 50,000 yuan, but multiplying the sales amount by three times, the total value of fake and inferior products that have not yet been sold is more than 150,000 yuan.

Criminal Law Article 140 Any producer or seller who mixes impurities into or adulterates the products, or passes a fake product off as a genuine one, a defective product as a high-quality one, or a substandard product as a standard one, if the amount of earnings from sales is more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also, or shall only, be fined not less than half but not more than two times the amount of earnings from sales; if the amount of earnings from sales is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined not less than half but not more than two times the amount of earnings from sales; if the amount of earnings from sales is more than 500,000 yuan but less than 2,000,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than half but not more than two times the amount of earnings from sales; if the amount of earnings from sales is more than 2,000,000 yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined not less than half but not more than two times the amount of earnings from sales or be sentenced to confiscation of property.

2.The crime of producing and selling fake and inferior pesticides

Violation of REGULATIONS: production (including entrusted or entrusted processing, sub-packaging), operation of false pesticides, inferior pesticides or pesticides treated according to false pesticides or inferior pesticides.

Transfer criteria: According to Article 23 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Prosecution of Criminal Cases under the jurisdiction of Public Security Organs (1), those who produce or sell fake pesticides as qualified pesticides with unqualified pesticides shall be prosecuted for filing a case under one of the following circumstances:

(1)causing production losses of more than 20,000 yuan;

(2) Other situations in which production suffers considerable losses.

Criminal Law Article 147 Whoever produces fake pesticides, fake animal pharmaceuticals or fake chemical fertilizers or sells pesticides, animal pharmaceuticals, chemical fertilizers or seeds while clearly knowing that they are fake or no longer effective, or any producer or seller who passes substandard pesticides, animal phamarceuticals, chemical fertilizers or seeds off as up-to-standard ones, thus causing relatively heavy losses to production, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than half but not more than two times the amount of earnings from sales; if heavy losses are caused to production, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined not less than half but not more than two times the amount of earnings from sales; if especially heavy losses are caused to production, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined not less than half but not more than two times the amount of earnings from sales or be sentenced to confiscation of property.

3.Crime of producing and selling food that does not meet safety standards

Violation of REGULATIONS: Pesticide users do not use pesticides according to the scope of use, method of use and dosage of pesticide labels, technical requirements, and precautions for use, and safety intervals.

Transfer criteria: According to Article 1, Article 8 and Article 21 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Questions Concerning the Applicable Law for Handling Criminal Cases of Hazardous Food Safety, food products that do not meet the food safety standards contain pesticide residues seriously exceeding the standard limits; in the cultivation, breeding, marketing and transportation of edible agricultural products In the course of storage, those who violate food safety standards and abuse pesticides in excess of the limits or in excess of the scope enough to cause serious food poisoning accidents or other serious foodborne diseases shall be prosecuted on file.

Criminal Law Article 143 Whoever produces or sells food that is not up to hygiene standards, thus causing an accident of serious food poisoning or resulting in any serious disease caused by food-borne bacteria, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than half but not more than two times the amount of earnings from sales; if serious harm is done to human health, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined not less than half but not more than two times the amount of earnings from sales; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than half but not more than two times the amount of earnings from sales or be sentenced to confiscation of property. 


4. The crime of Producing and Selling Toxic and Harmful Food
Violation of "REGULATIONS": the use of banned pesticides, excessive use of highly toxic, highly toxic pesticides.
Transfer criteria: According to Article 9 and Article 20 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Questions Concerning the Law Applicable to Handling Criminal Cases of Hazardous Food Safety, banned pesticides or other toxic and harmful substances shall be used in the process of cultivation, breeding, marketing, transportation and storage of edible agricultural products in accordance with the provisions of Article 144 of the Criminal Law. It shall be convicted and punished for the crime of producing and selling toxic and harmful food.
The following substances shall be recognized as "toxic and harmful non-food raw materials": substances prohibited by laws and regulations to be added or used in food production and business operations; pesticides prohibited by relevant departments of the State Council shall be announced.

Criminal Law Article 144 Whoever mixes the foods that he produces or sells with toxic or harmful non-food raw materials or knowingly sells such foods shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than half but not more than two times the amount of earnings from sales; if an accident of serious food poisoning or any serious disease caused by food-borne bacteria has resulted, thus seriously harming human health, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than half but not more than two times the amount of earnings from sales; if death is caused to another person or especially serious harm is done to human health, he shall be punished according to the provisions in Article 141 of this Law. 

5.The crime of Illegal Business Operation

Violation of REGULATIONS: production and operation of pesticides without permission; addition of substances to pesticides by pesticide operators; entrusting trustees who have not obtained pesticide production licenses to process and separate pesticides; production and operation of pesticides banned by the state.

Transfer criteria: In accordance with Article 79 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the jurisdiction of Public Security Organs (2), illegal business activities and disruption of market order in violation of State regulations shall be prosecuted if there are any of the following circumstances:

(1)The amount of an individual's illegal business operation is more than 50,000 yuan, or the amount of his illegal income is more than 10,000 yuan;

(2) The amount of illegal operation of a unit is more than 500,000 yuan, or the amount of illegal income is more than 100,000 yuan;

(3) Although it fails to meet the above-mentioned amount standard, it has been subjected to more than two administrative penalties for the same illegal business operation within two years and carried out the same illegal business operation.

Criminal Law Article 225 Whoever, in violation of State regulations, commits any of the following illegal acts in business operation and thus disrupts market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the amount of illegal gains; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the amount of illegal gains or be sentenced to confiscation of property

6.The crime of forging, altering, buying and selling official documents, certificates, and seals of state organs

Violation of REGULATIONS: forgery, alteration, transfer, lease, loan of pesticide registration certificate, pesticide production license and pesticide business license.

Criminal Law Article 280 Whoever forges, alters, buys, sells or steals, forcibly seizes or destroys the official documents, certificates or seals of a State organ shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever forges the seals of a company, enterprise, institution or a people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Whoever forges or alters identity cards of citizens shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

7.The crime of Providing False Evidence Documents

Violation of REGULATIONS: A false registration test report issued by a pesticide registration and testing unit.

Transfer criteria: According to Article 81 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the jurisdiction of Public Security Organs (2), a pesticide registration and testing unit intentionally provides false certification documents, which should be prosecuted if it is suspected of one of the following circumstances:

(1)The amount of direct economic losses caused to the state, the public or other investors is more than 500,000 yuan;

(2)Illegal gains amounting to more than 100,000 yuan;

(3)Although it fails to meet the above-mentioned amount standard, it has one of the following circumstances:

1. Requesting or illegally accepting other people's property in the process of providing false certification documents;

2.Those who have been subjected to administrative punishment for providing false certification documents more than twice within two years and have also provided false certification documents.

Criminal Law Article 229 If a member of a intermediary organization, whose duty is to make capital assessment, verification or validation, to do accounting or auditing, or to provide legal service, etc., deliberately provides false testifying papers, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined . Any member mentioned in the preceding paragraph who commits the crime prescribed in the preceding paragraph demands money or property from another or illegally accepts money or property from another shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

8.The crime of Major Falsehood in the Presentation of Certificate Documents

Violation of REGULATIONS: A false registration test report issued by a pesticide registration and testing unit.

Transfer criteria: According to Article 82 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for the Prosecution of Criminal Cases under the jurisdiction of Public Security Organs (2), the personnel of the pesticide registration and testing unit are seriously irresponsible and the certification documents issued are grossly untrue. Those suspected of one of the following circumstances shall be prosecuted for filing a case:

(1)The amount of direct economic losses caused to the state, the public or other investors is more than one million yuan;

(2)Other situations that have serious consequences.

Any member mentioned in the first paragraph who, grossly neglecting his duty, produces testifying papers that are highly inconsistent with the facts, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. 
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