Dongfang.com reporter Liu Li and correspondent Zhang Wenjiao reported on November 12: This afternoon, the Shanghai No. 3 Intermediate People's Court publicly sentenced the defendants Huang, Zha, Tai, Qiu, and Yu who were prosecuted by the Shanghai Third Intermediate People's Court for smuggling. The prosecutor, Shanghai No. 3 People's Court, sued five defendants for the crime of smuggling goods prohibited from import and export and attached civil public interest litigation. According to the law, the five defendants were found guilty of smuggling goods prohibited from import and export by the state and were sentenced to six years and one year respectively. The defendant was sentenced to a penalty ranging from one month to three years and six months, as well as a fine; the defendant in the attached civil public interest litigation was ordered to publicly apologize to the society and jointly and severally compensate RMB 517,259.53 for the disposal costs of the frozen products involved in the case.
This case is the first criminal incidental civil public interest litigation case heard by the Shanghai No. 3 Intermediate People's Court. Xu Furong, vice president of the Shanghai No. 3 Intermediate People's Court, serves as the presiding judge. The seven-member collegial panel consists of three judges and four people's assessors. A public hearing was held on November 4, 2020.
After trial, the court found that on November 5, 2019, the defendants Huang, Zha, and Tai, together with other crew members, were hired by others to drive the Palau-registered cargo ship "FA LA LI" and load the cargo. 18 refrigerated containers of frozen products departed from Keelung Port in Taiwan. Without the legal certificate of meat products, they evaded customs supervision and smuggled the above-mentioned frozen products by forging false ship names and bypassing customs for smuggling. Entry. From the evening of December 7 to the early morning of December 8, 2019, the ship docked at the Luojing Steel and Miscellaneous Terminal in Shanghai Baoshan, owned by the Luojing Branch of SIPG, to unload the frozen products from 18 container freezers. During this period, the defendants Qiu and Yu knew that the goods were smuggled frozen goods, but they were still instructed by others to contact the rented dock in the name of "Shanghai Lupai Trading Co., Ltd." and went to the dock to help unload the frozen goods involved. Among them, Qiu A certain person was responsible for connecting with Huang Moumou, and used a laser pointer to guide the "FA LA LI" ship to dock, and then supervised the unloading of the frozen goods involved in the case to a container truck that came to pick up the goods for shipment out of the port; the defendant Yu was responsible for contacting the container truck to enter the dock for shipment. , and on behalf of the cargo owner, use a false name to sign and confirm on the "Departure List" of the collection truck. Later, the investigation agency recovered some of the frozen products that were still in transit and seized them.
After inspection by China Inspection and Certification Group Shanghai Co., Ltd., the above-mentioned seized frozen meat products totaled 196.46 tons. None of them met the import access conditions and were products prohibited from being imported into my country. After testing by the Shanghai Institute of Quality Supervision and Inspection Technology, ractopamine was detected in one box of frozen pork. The Domestic Waste Management Office of the Shanghai Greening and City Appearance Bureau issued relevant instructions that the above-mentioned seized frozen products need to be incinerated and disposed of harmlessly, and the cost of disposal is 2,632.90 yuan per ton.
For a long time, my country has had strict procedures for the import of meat products. Imported meat products must meet the relevant regulatory requirements of the customs, ensure quality and safety, and complete procedures before they can be sold in our country. The frozen meat products smuggled in this case are frozen products that do not meet my country's import access conditions and have not been inspected and quarantined. Ractopamine was also detected in some frozen pork products, which is highly dangerous and has endangered my country's food safety system. It has damaged social and public interests, and the frozen products involved in the case will cause environmental pollution if improperly disposed of, posing a significant risk of harming the ecological environment. Based on the criminal facts of the five defendants and the circumstances such as surrender and accessory status, the above judgment was made against the five defendants and supported all the claims of the plaintiff in the incidental civil public interest litigation. The five defendants in the incidental civil public interest litigation were also During the court hearing, he publicly apologized to the public and paid the full cost of disposal of the frozen products involved before the verdict was pronounced.
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Source: Oriental.com
