Standard for fines for selling food that does not meet safety standards

According to the relevant laws of China, the standard of fines in criminal penalties is determined based on the circumstances of the crime, such as illegal gains and losses, and the ability of criminals to pay.

Article 143 [Crimes of producing and selling food that does not meet safety standards] The production and sale of food that does not meet food safety standards is sufficient to cause serious food poisoning or other serious foodborne illness, and shall be punished by a term of less than three years Imprisonment or detention, and fines; those that cause serious harm to human health or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined; if the consequences are Particularly serious, they shall be sentenced to more than seven years or life imprisonment And fines or confiscation of property.

Article 2 The people s court shall, according to the circumstances of the crime, such as the amount of illegal gains and the magnitude of the losses, and comprehensively consider the ability of the criminals to pay the fines, determine the fines according to law . If the criminal law does not clearly set the standard for the amount of fines, the minimum amount of fines must not be less than 1,000 yuan.

How If the penalty is not paid within the time limit specified in the judgment, what will the people s court do? If the penalty is not paid within the time limit, the court will transfer it to the Executive Board for enforcement. Enforcement measures include: allocating bank deposits, sealing up auction properties, and seizing items of corresponding value, etc., and those who refuse to enforce can also take detention measures.

According to the Supreme People s Court s Interpretation of Several Issues on the Implementation of the Criminal Procedure Law of the People s Republic of China issued by Faji [1998] No. 23 on September 2, 1998, it is clearly stipulated that: the fine shall be paid once within the time limit specified in the judgment or Pay in installments. If no payment is made for no reason at the expiry of the term, the people s court shall make the payment mandatory. If it is still not possible to make full payment after compulsory payment, the people s court shall, at any time, including after the execution of the sentenced sentence, find that the enforced person has property that can be executed, shall be recovered.

If it is really difficult to pay a penalty due to an irresistible disaster, criminals may apply to the people s court for reduction or exemption. After the people s court has verified the facts, it may rule that the amount of fines determined in the original judgment shall be reduced or exempted. If the administrative organ has imposed a fine on the defendant for the same fact, the people s court shall discount the penalty.

According to the relevant laws of China, the standard of fines in criminal punishment is determined based on the circumstances of the crime, such as illegal gains and losses, and the ability of criminals to pay.

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