Is criminal detention cancelled or sentenced to criminal detention?
Zhao Wu and Chen Bin were sentenced to fixed-term imprisonment after a court in Shangyu District of Shaoxing, Zhejiang province, revised their sentences on charges of producing and selling toxic and harmful food, following a retrial proposal by the procuratorate.In December 2020, the Shangyu District Procuratorate received a report from the public that zhao Wu and Wang Bo committed a joint crime in the case of producing and selling toxic and harmful food together, but Wang Bo was sentenced to nine months in prison, while Zhao Wu was only sentenced to detention for five months.After a thorough and detailed review of the case, prosecutors learned that Zhao Wu and Wang Bo discussed in advance that Wang Bo stole the dog and sold it to Zhao Wu at a low price. Zhao Wu processed the dog and sold it to others.Based on the facts found out, the court sentenced Wang Bo and Zhao Wu to criminal punishment for the crime of producing and selling poisonous and harmful food.Prosecutors found in a further review that the amendment (8) to the Criminal Law, which took effect on May 1, 2011, abolished criminal detention for the crime of producing and selling toxic and harmful food.After submitted to the investigation committee for discussion, we agreed that can not break through the provisions of the criminal law of the kind of restrictions, in the legal punishment beyond sentencing.Therefore, the original case of Zhao Wu sentenced to criminal detention is a legal error.After the discovery of this problem, the prosecutor continued to carry out investigations through big data analysis. It was found that the defendant in the case of Chen Bin’s production and sale of toxic and harmful food, which was judged by shangyu District Court, was also sentenced to criminal detention. Therefore, the two cases found in this district started to correct procedures according to law.In February 2021, Shangyu District Procuratorate proposed a retrial proposal to the court of Zhao Wu and Chen Bin on the grounds that the court’s judgment applied the law incorrectly.At the end of 2021, the court of the district made a retrial judgment on the two cases respectively, and commuted zhao Wu’s sentence to six months in prison and a fine.Chen bin was sentenced to six months in prison, suspended for one year and fined.In addition, Shangyu District Procuratorate also found that zhejiang province in a total of more than 40 production, sales of toxic, harmful food cases in the defendant was sentenced to detention, has reported the relevant clues to the higher court.(All characters in the article are pseudonyms) (Fan Yuehong, Xu Lianhong, Procuratorial Daily)