Typical case fax | Sales of fake and inferior seed case handling and thinking

Editor's note: Solving the problem of "agriculture and rural areas" is the top priority of the work of the whole party. The quality of the quality of agricultural capital is related to the harvest of farmers, and it is also directly related to national food safety and agricultural quality and safety. On March 21, 2022, at the "2022 National Active Governance Action Video Meeting of Agricultural Make -Man Makefmentation in Agricultural Management and Management Special Governance Action Video" jointly held by 7 departments, including the Ministry of Agriculture and Rural Ministry, the Ministry of Public Security, and the State Administration of Market Supervision, the Supreme Prosecutor was released The authorities punish typical cases of criminal crimes that endanger agricultural capital in accordance with the law, involving pesticides, veterinary drugs, seeds, and chemical fertilizers. In order to fully demonstrate the firm determination of the procuratorial organs to severely punish and sell fake and inferior agricultural crimes in accordance with the law, and provide guidelines for the implementation of agricultural funds and counterfeit work in various localities, the special procuratorate of the Supreme Procuratorate and the Procuratorate of the Cases of the Supreme Procuratorate are applicable to the legal policies involved in the case. The main points of the case handling and thinking of the case are interpreted to interpret the reader.

Sales and think about the handling and thinking of fake and shoddy seeds -based on the perspective of Liu Moumou selling fake and inferior seeds as the perspective

Pan Ze

The Fourth Procuratorate of Jilin Provincial People's Procuratorate

Abstract: Grain security and continuous development of agriculture in the seed industry. In the case of Liu Moumou's sales of fake and shoddy seeds, the procuratorial organ focuses on improving the chain of evidence and accurately identifying the facts of the criminal; The effect of handling cases. When handling similar cases, the procuratorial organs should accurately apply laws, scientifically identify pseudo -inferior seeds and production losses, strengthen departmental linkage, and jointly maintain the safety of the seed industry.

Keywords: Pseudo -inferior seed loss identification Return to supplementary investigation compensation

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1. Basic case and process of handling

In March 2017, after the defendant Liu Moumou purchased 32 tons of ordinary potatoes from a city in the Inner Mongolia Autonomous Region, he faked the "Yanfan No. 4" potato seeds to sell it to Zhang Moumou, a villager in the same village in Fuyu City, Jilin Province. Essence After the field appraisal of the Agricultural Comprehensive Law Enforcement Brigade and the Fuyu City Price Certification Center for the Fuyu City of Agricultural Comprehensive Law Enforcement Brigade in Jilin Province, Zhang Moumou and others lost a total of more than 250,000 yuan.

On January 24, 2018, Fuyu City Public Security Bureau asked Liu Moumou to approve the arrest of Fuyu Municipal People's Procuratorate (hereinafter referred to as "Fuyu City Institute"). After communication and coordination of the Fusu City Institute, on January 29, 2018, the suspects had compensated all the victims, and the victims issued a understanding of the suspect Liu Moumou. On January 30, 2018, Fuyu City Institute comprehensively considered the victim's understanding and the facts and circumstances of the case, and made a decision to not approve the arrest of the suspect Liu Moumou. On the same day, Fuyu City Public Security Bureau made a decision to obtain bail pending trial on the suspect Liu Moumou. On January 17, 2019, the Fuyu City Public Security Bureau of Jilin Province ended the investigation of the case and transferred to Fuyu City Academy. During the review and prosecution, Liu Moumou pleaded guilty. On April 6, 2019, Fuyu City Institute filed a public prosecution for Liu Moumou's crime of selling fake and inferior seeds. On May 24, 2019, the People's Court of Fuyu City made a first -instance judgment. The defendant Liu Moumou committed the sin of fake and shoddy seeds. In view of his active claims on the victims, he had regrets that he was punished as appropriate. Five years and fined RMB 30,000. After the verdict, Liu Moumou did not appeal and the verdict had come into effect.

2. The main points of handling cases

(1) Improve the chain of evidence and accurately identify the facts of the crime

The behavior of producing and selling fake and shoddy seeds seriously harms agricultural production safety and harms the legitimate rights and interests of farmers. Procuratorial organs should crack down on such crimes in a timely manner in accordance with the law and protect farmers' rights and interests. During the review and prosecution stage, Fuyu City Institute found that the case of the case was discovered that only the criminal suspect's confession was provided, and the relevant evidence of the lack of testimony and transaction prices in the tourism seller was lacking. For detailed explanations of the lack of victims due to the method of loss of loss, it is difficult to determine whether the identification results are scientific and reasonable. In response to the above situation, Fuyu City House returned the case back to the investigation authority to supplement the investigation, requiring the investigating authorities to find out the source and transaction price of the pseudo -inferior seeds, and to explain the appraisal methods and methods in detail to lay the foundation for accurately identifying the facts of the crime according to law.

During the investigation, the investigation organs went to the Inner Mongolia Autonomous Region to obtain the testimony of attending sellers, and then found that the fake and shoddy seeds were purchased from individuals, instead of purchasing from regular operating seed companies; in terms of purchase price, the price of the pseudo -shoddy seeds was significantly lower than the genuine seeds. The market price, combined with other evidence in cases, can fully confirm the subjective intentional intentional intention of the criminal suspect to sell fake and shoddy seeds.

This case was transferred from the local agricultural law enforcement brigade to the investigation organs. The agricultural law enforcement brigade shall ask relevant experts to conduct field identification on the output of the victims due to the loss of the victims. The value of farmers' loss is made. The investigation organs then contacted the detailed image data of the agricultural law enforcement brigade to provide field appraisal and issued a detailed explanation of the appraisal method and methods; the contact price certification center issued physical investigation (survey) verification records, market survey materials, and estimation instructions. It was confirmed that during the field appraisal process, the appraisal experts conducted a comprehensive assessment of each plot involved in the case. According to the actual situation such as the distance, the random point of the same area involved in the case was made. Represents the actual output of the corresponding plot involved in the case; at the same time, at the same time, the adjacent planting genuine seed plot is closest to the soil environment of each plot involved in the case, and the fruit calculates the production of fruit calculation according to the corresponding method. Land unit (hectare) reduces production. In order to reduce the impact of accidental factors such as climate and cultivation methods, the appraisal experts also produced the average hectare of fruit produced by the local statistics department in the past three years provided by the local statistics department and combined with the results of the field identification. Crop yield loss. Finally, the Fuyu City Price Certification Center carried out market price recognition of the fruits produced by the corresponding genuine seeds, and combined with the results of output loss identification results to obtain the economic losses suffered by the victims due to fake and shoddy seeds. (2) To maximize the protection of farmers' rights and interests in the performance process

During the review and approval of the arrest, Fuyu City Institute noticed that there were as many as 13 killed farmers in the case and lost a total of more than 250,000 yuan. The organizer of the case visited 13 farmers' households, grasped the agricultural production status and family economic conditions of the victims, and understood the demands of the victims. In the process of the criminal suspect, he also expressed his willingness to compensate the victims to lose the loss. After communication and coordination, when the censorship and approved arrest period is about to expire, the suspect compensated the 13 households of the victims and delivered all compensation to the hands of the victims. Not only does the farmers avoid the suffering of economic difficulties, but also effectively repair the damaged rural social relationship. Since then, Fuyu City Institute has comprehensively considered the victim's understanding and the facts and circumstances of the case, and made a decision to not approve the arrest of the suspect. In view of the fact that the facts in this case are clear, the evidence is indeed sufficient, and the suspect pleaded guilty. Fuyu City Court suggested that the Fuyu City People's Court applied to the simple procedure to trial the case, and proposed the sentencing proposal from the light judgment. Suggest.

(3) Strengthen the case of the case and strengthen publicity and education

The criminal suspect and the victim of the case were neighbors, and the suspect was punished by criminal punishment for the sale of fake and shoddy seeds to cause a strong social response in the local area. On the one hand, the case warned that some people with a weak legal awareness would not try to try the law, because they sold fake and shoddy seeds to be trapped; on the other hand, they also educated farmers to buy crop seeds from the units or individuals operating regularly. Fuyu City House takes the opportunity to handle this case, use spring plowing, autumn harvests, and farming time to carry out various forms such as the "Demonstration of Cases" to promote the publicity, guide farmers to purchase crop seeds through regular channels, distinguish the authenticity of seeds from packaging and other aspects, and and such as packaging and other aspects. Encourage them to protect their rights in accordance with the law when the legitimate rights and interests are infringed.

3. Thinking of the case

(1) Accurate application of laws, severely punish production and sales of pseudo -inferior seeds in accordance with the law

The crime of constituting production and sales of fake and shoddy seeds must be based on "major losses of production". The "Guiding Opinions on Further Strengthening the Criminal Trial of Seeds" issued by the Supreme Law on March 2, 2022 put forward: "For the implementation of production and sales of pseudo -inferior seeds, due to the failure to determine the large loss of production, it will not constitute For the crime of production and sales of fake and shoddy seeds, but if the sales amount is more than 50,000 yuan, the crime is punished in accordance with the provisions of Article 140 of the Criminal Law. Heavier crimes and punishments. "In the case of" making large losses to produce large losses ", it is necessary to apply the crime of production and sale of fake and shoddy seeds. This case is the case. If it is impossible to determine that the production suffers a large loss and other reasons, if the sales amount is more than 50,000 yuan, if the crime is punished by the crime of production and sales of fake and shoddy products, and at the same time, other crimes such as counterfeit registered trademarks shall be Conflict and punishment. Based on this, the sales amount of some fake and shoddy seeds is more than 50,000 yuan, and the criminal regulation system can be carried out as soon as possible before the production loss is caused to form a strict law network to combat fake and shoddy seeds.

(2) Scientific identification of pseudo -shoddy seeds and production losses

The appraisal of pseudo -inferior seed cases generally involves two aspects.

1. Appraisal of the pseudo -shoddy seeds itself. The "Seed Law" stipulates that "the seeds referred to in this law refer to the planting materials or reproductive materials of crops and forests, including seeds, fruits, roots, stems, seedlings, sprouts, leaves, flowers, etc.". There are three types of criminal objects for selling fake and shoddy seeds. Fake seeds, seeds that have lost efficiency and unqualified seeds. Among them, the first one is "pseudo" and the latter two are "inferior". Article 48 of "Seed Law" is clearly defined with "false seeds" and "inferior seeds". 2) The content of seeds, varieties, and labels are not conforming to or labels. The following seeds are inferior seeds: (1) The quality is lower than the standards of the national regulations; (2) the quality is lower than the label labeling indicator; "Harmatic creatures stipulated in the state". The above provisions are the important basis for identifying "fake and shoddy seeds". In criminal proceedings, they must still adhere to the substantive identification standards and determine the relevant appraisal opinions. For identification of "fake and shoddy seeds" itself, scientific, advanced and standard methods are required. The professionalism is strong and must be performed by the seed quality inspection agency that meets the corresponding qualifications. Article 3 of the "Administrative Measures for the Evaluation of Agricultural Organic Mass Inspection Agency" stipulates that engaging in "administrative decisions made by administrative organs, referees made by judicial organs, arbitration awards made by arbitration agencies, etc. Seed quality inspection agencies need to be evaluated and approved by the competent agricultural and rural authorities of the provincial people's government in accordance with relevant laws, regulations, standards, and technical specifications in accordance with relevant laws, regulations, standards, and technical specifications. Allow super qualifications or over -range identification. 2. Appraisal of the loss of crop output caused by fake and shoddy seeds. In addition to the quality of the seeds, crop yield is also affected by many factors such as cultivation methods, soil conditions, and climate during growth. In cases with conditions, relevant experts are often requested to go to the field for identification. The identification of field (on -site) is generally composed of experts with corresponding specialized knowledge and actual work experience with crop breeding, cultivation, and seed management. If necessary, experts in plant protection, meteorological, soil fertilizer can be invited to participate. The identification of output loss caused by pseudo -inferior seeds is the result of comprehensive consideration of various factors. In the appraisal process, the following factors must be fully considered: the climate and environmental status of crops during the growth of crops; the parties to the seed treatment and field management; The growth of the same batch of seeds in other plots; the growth of other batch seeds in the same variety; the growth of other seeds of similar crops; the level of land power to identify the land; other factors that affect the growth of crops.

In this case, in all the fake and inferior seed plots, relevant experts selected three places with relatively far away and a certain area of ​​the field to dig out the fruit to ensure that the output of the fruit can represent the output of the entire plot; The plot of the planting genuine seeds uses the same way to mine the fruit for production comparison, calculate the output loss of the unit area of ​​the year, and according to the average yield of authentic seed fruits in the past 3 years, combined with the field identification results, the loss per hectare is obtained. Yield.

In addition, this case also involves a reasonable identification of the market price of the crops. The price appraisal should be fully considered the price of product acquisition, storage, transportation, wholesale, retail, etc., according to factors such as the collection of data and information, and select the price identification method, consider various factors, and finally make the price determination conclusion. The price identification of this case refers to the average price of fruit produced by the local statistical department in the past three years, combined with losses and comprehensive factors, and obtained the amount of production losses suffered due to the fake and shoddy seeds involved in the case. People are crime of selling fake and shoddy seeds.

(3) Strengthen departmental linkage and promote the formation of a "capital" large pattern

This case was transferred from the local agricultural law enforcement department to the public security department. The successful handling of the case also benefited from the cooperation between various departments. To comprehensively purify the market market, it is necessary to establish and improve the working mechanism of seed administrative law enforcement and the effective connection of criminal justice to form an effective joint force. After the procuratorial organs handle this case, they can actively perform their duties, actively cooperate with the agricultural law enforcement department, public security department, etc. to investigate and arrange the situation in the province's seed sales fields, jointly carry out special law enforcement activities, promote information sharing, promote the formation Essence

*This article was published in June 2022, "Chinese Prosecutor" magazine (classic case version)

Produced | Zhao Peixian

Edit | Yu Yingying

Review | Wu Ping

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