Case new perspective · Pishan | selling "weight loss pills" in the WeChat circle of friends, the court sentenced!
Author:Xinjiang Uygur Autonomous Regi Time:2022.09.20
Have you seen
"Do not exercise or eat, easily realize 10 kg a month thin"
Such a propaganda?
Will you be heartbroken?
Some criminals are grasping
Those who lose weight want to lose weight quickly
Sniff "business opportunities" from it
Sales "weight loss pills"
recently
Pishan County People's Court
Publicly concluded together in accordance with the law
Sales of harmful food cases
The defendant Tu was sentenced to 2 years and 6 months in prison
And fined 10,000 yuan
Retrospective
From August 2020 to June 2021, the defendant Tu passed illegal channels for profitability to purchase 215 bottles of "weight loss pills" at a price of about 300 yuan per bottle, totaling 65,000 yuan. , Three -free products without quality qualification certificates, no manufacturers.
The defendant Tu sold the "weight loss pills" to multiple victims through the price of 399 yuan to 499 yuan per bottle to 499 yuan per bottle, totaling 188 bottles.
In October 2021, the defendant Tu was arrested by Pishan County Public Security Organs and was investigated and dealt with at his residence.
After identification, the "weight loss pills" sold in Tumou contain a banned drug "Xibuquming". "Xibuquming" is a drug that acts on the central nervous system to suppress appetite. The side effects are relatively large, which will cause the heart rate to accelerate, increase the blood pressure, and cause stroke or even death in severe cases.
In October 2010, the State Food and Drug Administration issued a notice to stop the "Xibuquming" preparations and raw medicines produced, sold and used in China.
Judgment result
The court held that the defendant Tu was still sold in the WeChat circle of friends when he knew that the "weight loss pill" was mixed with the harmful ingredient "Subuquming" and was suspected of selling harmful food. In addition, the behavior of the defendant Tu has infringed the right to life and health of many consumers, and harmed the public interests of the society. While investigating his criminal responsibility, he should also bear civil liability.
Considering that the defendant Tu had regretful acts, and the court only found that the defendant Tu had sold for 8 bottles of "weight loss pills" to 8 lives of "weight loss pills" that illegally made a profit of 7,168 yuan. On July 29, 2022, the court sentenced the defendant to the defendant's imprisonment for 2 years and 6 months, and fined 10,000 yuan.
Law link
"Criminal Law of the People's Republic of China"
Article 52 stipulates that the penalty of the amount of fines shall be decided to decide the amount of fines according to the crime circumstances.
Article 64 stipulates that all property of criminal income, prohibited items, and criminals shall be recovered or ordered to refund the compensation; My property should be confiscated. The confiscated property and fines shall be paid to the state treasury and shall not be misappropriated and handled by themselves.
Article 144: The production and sales of toxic and harmful foods are mixed with toxic and harmful non -food ingredients in foods that are produced and sold, or they know that they know that toxic and harmful non -food raw materials are sold. If a term of imprisonment of less than five years and a fine; if it causes serious harm to human health or has other serious circumstances, it will be imprisoned for more than five years and less than ten years, and the fines will be punished. Punishment of Article 141 of this Law.
Judge remind
▶oft
The defendant in this case has grasped the psychological needs of those who want to lose weight easily, regardless of the health of others, selling "weight loss pills" mixed with "Xibuquming" in the WeChat circle of friends. , Harm public interests. The judge reminds the majority of netizens that they should not follow the trend of weight loss products blindly, and formulate scientific and reasonable weight loss programs through a reasonable diet and moderate exercise to protect their own health.
Source: Pishan County People's Court
Correspondent: Ma Jiancheng
Edit: Li Ruiqi Senbaiti
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