Qidong, Jiangsu:First-instance verdict in the puffer fish case
By: Date: 2021-03-31 Categories: chinesefood Tags: ,
   On the morning of March 29, the Qidong court made a first-instance verdict on the crime of selling food that did not meet safety standards by Yang, Tao, and Shen. Yang was sentenced to three years in prison and fined. For four thousand yuan, Tao Moumou was sentenced to one year imprisonment and fined five thousand yuan, while Shen Moumou was sentenced to one year and three months imprisonment and fined six thousand yuan.
   Yang Moumou is an individual seafood retailer, Tao Moumou is an aquatic product wholesale store operator, and Shen Moumou is a seafood wholesale store operator. The three are guilty of selling food that does not meet safety standards. The Qidong court decided to arrest , Implemented by Qidong City Public Security Bureau.
   The Qidong Court found that at 0:00 on December 16, 2019, Yang went to the seafood wholesale store operated by Shen Moumou, Aquatic Road, Lusigang Town, Qidong City, and purchased about 300 kilograms of wild fish. At 1 o’clock that day, Yang went to the aquatic product wholesale store operated by Tao, aquatic product road, Lusigang Town, Qidong City, and purchased 6.5 boxes of wild pufferfish. At 6 o’clock that day, Yang drove to the section of the farmer’s market in Haiphong Town, Qidong City to set up a stall to sell seafood and aquatic products including the above-mentioned puffer fish. Later, he sold more than ten catties of puffer fish to the victim Zhang and Zhou. A certain puffer fish sold more than ten kilograms. On the same day, Zhang Moumou cleaned the puffer fish by himself and put the liver into cooking together. At about 18:00 that night, Zhang and his son, daughter-in-law, and brother-in-law all showed signs of poisoning after eating pufferfish. Zhang was sent to a doctor for rescue and died at 20:00 that night.
   The Qidong Court found that on September 5, 2016, the Office of the Ministry of Agriculture and the General Office of the State Food and Drug Administration issued Document No. 53 of Nongbanyu [2016],”Regarding the conditional release of red fin breeding Article 11 of the Notice on Processing and Operating of Oriental Fugu and Breeding Fugu obscurus, it is prohibited to process and operate all species of wild puffer fish. According to the identification by the Jiangsu Ocean Fisheries Research Institute, the puffer fish sample seized in a certain Yang family contains puffer fish toxin (TTX), which is produced in the Yangtze River estuary and the East China Sea. The ovaries and liver are highly toxic and can be fatal if eaten by mistake. It is weakly toxic, and the testis, skin and muscles are basically non-toxic. Appraised by the Material Evidence Appraisal Office of Qidong Public Security Bureau, Zhang XX was found to have died of pufferfish toxin poisoning; Judged by the Forensic Science Research Institute, Zhang’s kidney, liver, and lung tissues, his daughter-in-law’s urine, and Yang The puffer fish in the puffer seized by a certain family and the pufferfish in the kitchen trash bin of a certain family were all found toxins in the pufferfish.
   After the incident, Yang Moumou, Tao Moumou, and Shen Moumou voluntarily surrendered to the crime, and truthfully confessed their crimes. Yang compensated the victim Zhang’s family member 80,000 yuan and obtained understanding; Tao Moumou and Shen Moumou each compensated Zhang Moumou’s family member 45,000 yuan and obtained the understanding. Yang Moumou, Tao Moumou, and Shen Moumou signed a confession of guilt and punishment during the review and prosecution stage. During the trial, the three of them had no objection to the criminal facts and charges charged by the public prosecutor and all expressed their willingness to plead guilty and plead guilty.
   The Qidong court found that the defendants Yang, Tao, and Shen were selling wild puffer fish that the country has banned from selling, among which Yang is selling food that does not meet safety standards,”causing death or severe disability.” The consequences are particularly serious. Tao and Shen are selling foods that do not meet the safety standards “sufficient to cause serious food poisoning accidents or other serious food-borne diseases”, and their behaviors have constituted sales inconsistencies. The food crime of safety standards shall be investigated for criminal responsibility in accordance with the law. Yang Moumou, Tao Moumou, and Shen Moumou voluntarily surrendered and truthfully confessed their crimes. If they surrendered themselves, they could be given a lighter or mitigated punishment; if Yang Moumou, Tao Moumou, and Shen Moumou pleaded guilty and punished, they could be dealt with with leniency; Yang Moumou, Tao Moumou, and Shen Moumou actively compensate the victims’ family members for losses, obtain understanding, pay fines in advance, and can be given lighter punishments as appropriate. The victim, Zhang Moumou, should know that the puffer fish was poisonous, but he still bought it, and died of poisoning after improper eating. He was also at fault for the death. Regarding the question of whether Yang Moumou, Tao Moumou, and Shen Moumou apply probation, after investigation, Yang Moumou’s behavior of selling wild puffer fish has caused a particularly serious consequence of the death of one person; Tao Moumou and Shen Moumou sell wild puffer fish. The behavior of the puffer fish is enough to cause serious food poisoning consequences. The crime is serious and the application of probation may have an adverse effect on it. The court believes that it is not appropriate to apply probation to it. In order to punish crimes endangering food safety in accordance with the law and protect the health and safety of the people, the Qidong Court issued a first-instance judgment in accordance with the law, sentenced three persons to fixed-term imprisonment ranging from one to three years, and fined them separately, and returned the three persons in the case. The illegal income shall be confiscated and turned over to the state treasury. The puffer fish in the case shall be confiscated or destroyed by the seizure agency.