In fact, the crimes involved in the Sanlu milk powder incident are worth studying:
Zhang Yujun, a dairy merchant who produced a melamine mixture, was sentenced to death for endangering public health in dangerous ways;
Geng Jinping, a raw milk purchaser, put the melamine mixture into raw milk to produce, Crime of selling poisonous food, sentenced to death;
Sanlu Chairman Tian Wenhua: Acquisition of problematic raw milk processing and production, production and sale of fake and inferior products, life imprisonment;
1. Configuring melamine The mixture endangers public safety by dangerous methods, constituting the crime of dangerous methods;
For example, in the Sanlu melamine incident, Zhang Yujun, one of the principal offenders, knowingly knew that in the Sanlu melamine incident, Zhang Yujun, one of the principal offenders Knowing that melamine is a chemical product and cannot be used for human consumption, and that once eaten by humans, it will cause serious harm to human health and life safety, the chemical raw material melamine, which is harmful to the human body, is directly mixed into food, and melamine and Maltodextrin is used as raw material to prepare a mixture containing melamine (commonly known as "protein powder") that is specially added to raw milk to increase the protein content in raw milk. "Protein powder"), with a cumulative sales of more than 600 tons, "protein powder" was sold to Sanlu Group and other dairy production companies, and was eventually charged with endangering public safety and sentenced to death.
2 , Mixing melamine mixture into raw milk to produce and sell toxic food
In addition, in the Sanlu incident, Zhang Yujun, who not only manufactured toxic protein powder, was sentenced to death, but also mixed melamine-containing protein powder into Geng Jinping, who sold the raw milk to Sanlu, was also sentenced to death, and the crime was not for endangering public health in dangerous ways, but for producing and selling poisonous food.
3. Purchasing, producing, and selling raw milk powder knowingly that it contains melamine constitutes the crime of producing and selling counterfeit and inferior products and the crime of producing and selling toxic food
Tian Wenhua, then chairman of Sanlu Group, and "Three After the "Deer Incident" broke out, he knew that melamine was a non-food raw material harmful to the human body, but still did not stop the production of infant milk powder containing melamine. His behavior constituted the crime of not stopping the production of milk powder containing melamine. His behavior of producing milk powder also complied with the production , the crime of selling poisonous and harmful food (which can be punished by up to the death penalty) and the crime of producing and selling fake and inferior products (which can be punished by up to life imprisonment), and should be convicted and punished in accordance with the provisions of heavier penalties.
Production. The maximum penalty for the crime of selling poisonous food is death, but it must cause death or other particularly serious circumstances. Although the melamine milk powder incident did cause a large number of children to become sick or die, the court found that Tian Wenhua was responsible for the Sanlu Company. The person "knowingly" knew that the milk powder he produced contained melamine after August 1, 2008, and his subsequent behavior of continuing to produce and purchase toxic raw milk constitutes a crime.
However, because The evidence in this case failed to prove that the milk powder produced by Sanlu Company after August 1, 2008 caused particularly serious harmful consequences. Therefore, the court could not determine that Tian Wenhua’s behavior of producing and selling toxic and harmful food caused particularly serious harmful consequences. He was found guilty of producing and selling counterfeit and inferior products and sentenced to life imprisonment.