Since 2022, procuratorial organs across the country have arrested 313 people for crimes involving agricultural materials and prosecuted 843 people.
Cctv newsAccording to the Supreme People’s Procuratorate and the Supreme People’s Procuratorate, five typical cases of procuratorial organs punishing the crime of manufacturing and selling fake and inferior agricultural materials according to law were issued. Since 2022, procuratorial organs across the country have approved the arrest of 179 cases of 313 people involved in agricultural crimes and prosecuted 465 cases of 843 people. It is suggested that the administrative law enforcement organs transfer 99 criminal cases with 112 people; Supervise the public security organs to file 76 cases with 85 people.
The typical cases of this batch are: Wang Moumou’s case of producing and selling fake and inferior seeds; Xie Moumou and others produce and sell fake and inferior products, which is an illegal business case; Gong and others produced and sold fake and inferior products; Zhang Moumou et al. produced and sold fake and inferior fertilizers and counterfeited registered trademarks; Chai Moumou produced and sold fake and inferior products.
Five typical cases involved many fields such as pesticides, veterinary drugs, seeds and fertilizers, which fully demonstrated the positive actions of procuratorial organs in severely punishing the crime of manufacturing and selling fake and inferior agricultural materials according to law, participating in comprehensive management in the field of agricultural materials safety, actively protecting farmers’ legitimate rights and interests, and ensuring national food security and seed industry security. In the case of Wang Moumou’s production and sale of fake and inferior seeds, the defendant Wang Moumou bagged his own "Xisen No.6" potato commercial potato and sold it to farmers as "Xisen No.6" potato seed potato. Results After planting, a small number of seeds did not germinate, and some seeds showed yellowing of plants, black rot of roots and underground potato rot. It was determined that the seeds involved caused farmers to lose more than 470,000 yuan. The Procuratorate of Jingbian County, Shaanxi Province prosecuted the defendant Wang Moumou for the crime of producing and selling fake and inferior seeds. On August 30, 2022, the court sentenced the defendant Wang Moumou to six years in prison and fined him 60,000 yuan. At the same time, in view of the institutional loopholes and weak links in law enforcement in the administrative supervision of local seed production and sales reflected in the case, the procuratorial organs issued procuratorial suggestions to relevant departments to help improve the administrative supervision mechanism.
Procuratorial organs punish according to lawTypical cases of manufacturing and selling fake and inferior agricultural materials
Case 1
Wang Moumou produces and sells.Fake and inferior seeds case
In March, 2021, the defendant Wang Moumou bagged his own "Xisen No.6" potato commercial potato and sold it as "Xisen No.6" potato seed potato to farmers such as Zhang Moumou in Jingbian County, Shaanxi Province, with a total sales amount of more than 83,000 yuan. Zhang Moumou and other farmers have planted more than 129 mu of land. After planting, a small number of seeds did not germinate, and some seeds appeared yellowing, black root rot and underground potato block rot during their growth. Appraised by Agricultural Technology Service Center of Yulin City, Shaanxi Province, the field potato variety is "Xisen No.6", and the main cause of infection with black shank disease is seed potato carrying bacteria. The average yield of potatoes planted by farmers such as Zhang Moumou was 1,225.9 kg per mu, which was appraised by Jingbian Agricultural and Rural Bureau. According to the price determination by Jingbian County Price Service Center, the loss price per mu caused by the seeds involved was more than 3,600 yuan, which caused a total loss of more than 470,000 yuan for farmers such as Zhang Moumou.
On May 26, 2022, the People’s Procuratorate of Jingbian County, Shaanxi Province prosecuted the defendant Wang Moumou for the crime of producing and selling fake and inferior seeds. On August 30, 2022, the Jingbian County People’s Court made a first-instance judgment, and sentenced the defendant Wang Moumou to six years in prison and fined 60,000 yuan for the crime of producing and selling fake and inferior seeds. After the judgment was announced, the defendant Wang Moumou did not appeal and the judgment came into effect.
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Xie Moumou and others produce,sellFake and inferior products,Illegal business case
From January 2020 to July 2021, the defendant Mao Moumou and others used the online platform to sell paraquat stock solution, and the sales amount ranged from 1.2 million yuan to 150,000 yuan respectively. Defendants Xie Moumou and Zhang Moumou bought paraquat stock solution from Mao Moumou and others without obtaining a pesticide business license, and sold it as herbicide pesticides such as "diquat" after processing. The sales amount was more than 540,000 yuan and 450,000 yuan respectively. From January 2020 to July 2022, the defendant Song bought the above pesticides from Xie Moumou and Zhang Moumou and sold them to others without obtaining a pesticide business license, with a sales amount of 1.37 million yuan. The above defendants all know that paraquat is prohibited from being sold and used in China, and Song Moumou and others know that the above pesticides contain paraquat. Tested by Yancheng Product Quality Supervision and Inspection Institute, Jiangsu Province, all the pesticides involved contained paraquat, but did not contain diquat or glufosinate.
On August 9 and November 14, 2022, the People’s Procuratorate of Baoying County, Jiangsu Province respectively prosecuted the defendants Xie Moumou and Zhang Moumou for producing and selling fake and inferior products, Song Moumou for selling fake and inferior products, and Mao Moumou and others for illegal business operations. On December 16th, 2022, Baoying County People’s Court made a judgment of first instance, and sentenced Xie Moumou and Zhang Moumou to seven and six years’ imprisonment respectively for the crime of producing and selling fake and inferior products, and sentenced Song Moumou to six years’ imprisonment for the crime of selling fake and inferior products, and sentenced Mao Moumou and others to three to six months’ imprisonment respectively for the crime of illegal business operation, and some defendants were given probation (Song Moumou and Mao Moumou were given mitigated punishment due to meritorious service, confession and punishment). The above defendants were all fined. After the verdict was pronounced in the first instance, none of the defendants appealed and the verdict came into effect.
Case 3
Gong and others produce,sellFake and inferior products case
Defendant Gong Mou registered and established Henan A Chemical Co., Ltd. (hereinafter referred to as A Company) in Huaiyang County, Henan Province, and Gong Mou was the actual controller. Defendant Gong Mouhui (Gong’s fourth brother) established Zhengzhou B Chemical Co., Ltd. (hereinafter referred to as Company B), with Gong Mouhui as the actual controller. A company has a production department, a warehousing and logistics department, a finance department and a sales department. Gong manages the company in a family style, and each department is in the charge of Gong and his family. Defendant Gong Moulong (Brother Gong) is in charge of the production department; Defendant Gong Moufeng (Gong’s second brother) is in charge of the warehousing and logistics department; Gong is responsible for the sales department of Company A and its subordinate brand sales companies; Company B sells pesticides and fertilizers produced by Company A, and Gong Mouhui is responsible for the sales department of Company B and its subordinate brand sales companies; The finance department is directly under the responsibility of Gong, forming a family-owned gang with strict grades and mature scale that produces and sells fake and inferior fertilizers and pesticides. The formula of pesticide and fertilizer produced by Company A is provided by Gong. In the production process, in order to save costs and make high profits, Gong used the means of purchasing cheap and unqualified raw materials, adding little or no marked raw materials and so on.
After sampling and testing all the pesticides and fertilizers seized by Company A, 288 kinds of unqualified pesticides were detected, with a failure rate of 70.16% and 510 kinds of unqualified fertilizers, with a failure rate of 96.22%. After sampling and testing all the pesticides and fertilizers seized by Company B, 153 kinds of unqualified pesticides were detected, with a failure rate of 52.58% and 225 kinds of unqualified fertilizers, with a failure rate of 96.57%. After the audit, it was found that the sales amount of unqualified pesticides and fertilizers of Company A was more than 59 million yuan, and that of unqualified pesticides and fertilizers of Company B was more than 11 million yuan, totaling more than 70 million yuan.
It was also found out that Gong also paid bribes to non-state staff, forged seals of state organs and forged seals of companies and institutions.
On May 24, 2021, the People’s Procuratorate of Pingdingshan City, Henan Province filed a public prosecution against Gong Mou, Gong Mouhui and others. On August 25, 2021, Pingdingshan Intermediate People’s Court made a first-instance judgment, and sentenced the defendant Gong to life imprisonment, deprived of political rights for life, and confiscated all personal property; Whoever commits the crime of bribery by non-state employees, the crime of forging the seals of state organs, and the crime of forging the seals of companies and institutions were sentenced to fixed-term imprisonment of 10 months, one year and one year respectively, and were also fined and punished for several crimes. They decided to execute life imprisonment, deprive them of political rights for life, and confiscate all their personal property. The defendant Gong Mouhui was sentenced to 15 years in prison and fined 20 million yuan for the crime of producing and selling fake and inferior products. The remaining defendants were sentenced to fixed-term imprisonment ranging from ten to three years for the crime of producing and selling fake and inferior products, and were fined, and some defendants were suspended. After the verdict was pronounced in the first instance, some defendants appealed, and the Henan Higher People’s Court ruled on April 12, 2022 that the appeal was rejected and the original judgment was upheld.
Case 4
Zhang Moumou and others produce,sellFake fertilizer,Case of counterfeiting registered trademark
In 2019, the defendant Mou Moumou learned that the defendant Zhang Moumou was engaged in various fertilizers, so he wanted to order fertilizers with a total nutrient content of 40% in Zhang Moumou. In order to facilitate sales, the two agreed to use a packaging bag printed with the registered trademark "ZGNZ" and marked the total nutrient content of fertilizer on the packaging bag as 51%. Later, Zhang Moumou contacted the defendant Wang Moumou to produce packaging bags, and the defendants Zhao Moujia and Zhao Mouyi produced and filled fertilizers. Knowing that Zhang Moumou had not been approved by the owner of the registered trademark ZGNZ, Wang still produced more than 10,000 fertilizer packaging bags printed with the trademark. Zhao Moujia and Zhao Mouyi sold more than 392 tons of canned compound fertilizer to Zhang Moumou at a price of more than 920,000 yuan when they knew that the nutrient content of the fertilizer they produced did not match the label on the packaging bag. Zhang Moumou sold it to Mou for 1.12 million yuan. From February to April, 2019, Mou sold some chemical fertilizers to more than 160 farmers in panshi city, meihekou city and other places, with a sales amount of more than 1.06 million yuan.
After inspection by Jilin Provincial Product Quality Supervision and Inspection Institute, the fertilizer involved was unqualified. Confirmed by panshi city Municipal Market Supervision Administration, the seized fertilizer is a commodity with counterfeit registered trademark. After identification, the affected farmers reduced the production of corn by more than 4 million kilograms and rice by more than 1,500 kilograms, resulting in a total economic loss of more than 5.6 million yuan.
From April to May, 2020, the People’s Procuratorate of panshi city, Jilin Province prosecuted the defendant Zhang Moumou and other four people for the crime of producing and selling fake and inferior fertilizers, and Wang Moumou for the crime of counterfeiting registered trademarks. On June 30, 2021, the People’s Court of panshi city sentenced the defendant Zhang Moumou to nine years and ten months in prison for the crime of producing and selling fake and inferior fertilizers, and fined him 570,000 yuan. Sentenced the defendant Wang Moumou to three years in prison for the crime of counterfeiting a registered trademark and fined him 50,000 yuan; The other three defendants were also sentenced to fixed-term imprisonment ranging from five years and six months to seven years and six months, and fined. After the judgment of the first instance, five defendants appealed. On November 17, 2021, the court of second instance made a judgment. In view of Wang’s voluntary return of all illegal gains and his true repentance during the second instance, he was sentenced to three years’ imprisonment, suspended for three years, and fined 50,000 yuan. All other judgments in the first instance were upheld.
Case 5
Chai Moumou produces and sells.Fake and inferior products case
From the second half of 2020 to December 2021, the defendant Chai Moumou, knowing that a new pharmaceutical company he operated only had the qualification of selling veterinary drugs, but had no production qualification, produced a small white bag of penicillin potassium without the manufacturer, production date and batch number, and sold it as a fake drug such as florfenicol powder produced by other companies. During this period, the defendant Chai Moumou also provided two companies with the qualification to produce veterinary drugs, and then sold them to a new pharmaceutical company. Chai Moumou sold the above veterinary drugs produced by himself and other companies in the name of a new pharmaceutical company, with a sales amount of more than 490,000 yuan. After inspection, the relevant veterinary drug ingredients were not detected or the content did not meet the requirements of People’s Republic of China (PRC) Veterinary Drug Code. It was identified by the agricultural and rural departments that the colistin sulfate premix, amoxicillin soluble powder and florfenicol powder produced and sold by the defendant Chai Moumou were fake or inferior veterinary drugs.
On June 1, 2022, the People’s Procuratorate of shanting, Zaozhuang City, Shandong Province filed a public prosecution against Chai Moumou for the crime of producing and selling fake and inferior products. On July 14th, 2022, the People’s Court of shanting, Zaozhuang City made a first-instance judgment, and found that Chai Moumou had truthfully confessed the facts of the crime, actively returned the illegal income, pleaded guilty and pleaded guilty. He was sentenced to two years and ten months’ imprisonment and fined 170,000 yuan for the crime of producing and selling fake and inferior products. After the verdict was pronounced in the first instance, the defendant Chai Moumou did not appeal and the judgment came into effect.