Those who sell contaminated food should be sentenced to death.
Former Supreme Court judge and lawyer Pham Cong Hung believes that with the regulations set to take effect on July 1st, it will be very difficult to convict those who trade in unsafe food; the penalties are also not strong enough to deter offenders.
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- The use of banned substances in livestock farming and chemicals in food processing is becoming a serious problem that worries many consumers. How do you assess the regulations that have been amended and supplemented in the 2015 Penal Code to deal with this type of crime related to unsafe food?
- I would like to use the term "catastrophe" to answer this question, as it accurately reflects the nature and extent of the danger these actions pose to society. This is because banned substances in animal husbandry and toxic chemicals in food processing will destroy the bodies of millions of people, giving rise to other dangerous diseases that cause social unrest.
Comparing Article 317 of the amended 2015 Penal Code with the corresponding provision in the 1999 Penal Code, I find that the 2015 Penal Code provides more detail but also makes it very difficult to prosecute offenders. This is because the objective act of the crime must satisfy the following criteria: the offender must be aware that the food contains prohibited substances; the residue exceeds the permitted limit; the food does not meet food safety and hygiene standards; and it is outside the list of permitted substances or its origin is unclear... only then can criminal prosecution be initiated.
I think that requiring small retailers, retail stores, and even large supermarkets to know these specifications is very impractical.
On the other hand, point d, clause 1, Article 317 of the 2015 Penal Code stipulates that only those who illegally profit between 50 million and 100 million VND will be subject to criminal prosecution. This overlooks a very large number of offenders, especially small-scale traders, and makes it difficult for investigators to quantify the amount of their illegal profits.
ButWhat are your comments on the penalties that will be applied under Article 317 from July 1st?
- I find that the penalties under Article 317 of the 2015 Penal Code are very lenient and do not adequately assess the nature and severity of the criminal act. Therefore, the punishment for those who have committed the crime is not sufficiently deterrent.
This crime has caused widespread consequences, a silent, insidious act of "murder without a weapon," and therefore deserves severe punishment. The maximum penalty should be life imprisonment or the death penalty to be reasonable, not just a maximum of 20 years as in this new regulation.
- As a judge with many years of experience, could you please share your experience in adjudicating food safety-related crimes compared to other types of crimes?
- In practice, over the years, many people have committed the crime of "Violating regulations on food hygiene and safety," but very few have been prosecuted. This is because:
Regarding legal proceedings: The majority of consumers are unaware or resigned to their fate, and therefore do not report the perpetrators. While the media has uncovered and reported many cases, it has not fully reflected the extent of this crime in practice. Another important reason is that the competent investigative agencies have not processed crime reports promptly enough to initiate criminal proceedings and investigations when information is received.
Regarding substantive law: The 1999 Criminal Code stipulates that the objective element of a crime is knowingly consuming unsafe or unsanitary food... only then can criminal prosecution be initiated. This has led to the inability to prosecute many offenses. The reason is that prosecuting authorities cannot prove whether the suspected offender knew they were violating the law.
Article 317 of the 2015 Penal Code: Crime of Violating Food Hygiene and Safety Regulations Any person who commits any of the following acts in violation of food safety regulations shall be fined from VND 50,000,000 to VND 200,000,000 or sentenced to imprisonment from 1 year to 5 years: a) Using prohibited substances in the production, preliminary processing, processing, or preservation of food, or selling or supplying food knowing that it contains prohibited substances; b) Using chemicals, antibiotics, veterinary drugs, and pesticides prohibited for use in crop cultivation, animal husbandry, aquaculture, salt production, preliminary processing, processing, and preservation of agricultural, forestry, and aquatic products and salt, resulting in residues exceeding permissible limits in the products; c) Using chemicals, antibiotics, veterinary drugs, pesticides, or environmental remediation agents that are not on the list of permitted substances, or whose origin is unknown, or that do not comply with regulations in the production, preliminary processing, processing, and preservation of food in agriculture, animal husbandry, aquaculture, and salt production, resulting in residues exceeding the permissible limits in the product, or having been previously penalized for administrative violations related to one of the acts in this point or point a of this clause and continuing to violate the regulations; d) Processing, supplying, or selling food knowing that it does not meet technical standards or food safety regulations; using chemicals, additives, or processing aids outside the permitted list or of unknown origin in the production, preliminary processing, processing, or preservation of food: causing harm to the health of one person with a body injury rate of 31% to 60% or causing harm to the health of two or more people with a total body injury rate of 31% to 60% or obtaining illicit profits from VND 50,000,000 to VND 100,000,000. For offenders with aggravating circumstances as defined in Clause 2 of this law, the penalty ranges from three to seven years; under Clause 3, the penalty ranges from seven to fifteen years; and under Clause 4, the penalty ranges from twelve to twenty years. In addition, offenders may also be fined from 20,000,000 VND to 100,000,000 VND, prohibited from holding office, or prohibited from practicing a certain profession or doing a certain job for one to five years. |
According to VNE
