The provincial People’s Procuratorate released a typical case of “March 15” public interest litigation on consumer rights protection, and one case in Xi ‘an was selected

2022-05-05 0 By

On March 15, shaanxi Provincial Procuratorate released 10 typical cases of consumer protection public interest litigation, including illegal operation of chilled meat, false promotion of food advertising, illegal operation of food vendors, illegal sale of prescription drugs and other specific cases closely related to people’s livelihood.Xi ‘an Procuratorate handled by Huang selling fake masks criminal incidental civil public interest lawsuit selected.In January 2020, the novel Coronavirus outbreak spread across the country, resulting in a surge in public demand for masks and a severe shortage of anti-virus masks in China.Huang to seek illegal interests, without check the mask production license, product certification, invoice and certificate of qualification, with 169900 yuan price, through WeChat contact, from the two do not have business qualification of the supplier in purchasing disposable masks, 272000, through online and offline mode, all masks selling price,Obtained sales funds of 342,000 yuan.Police recovered 134,541 masks after the incident.Through sampling identification, the bacterial filtration efficiency (BFE) of the masks involved in the case ranged from 7% to 48%, which did not meet national standards and were all substandard products.These substandard masks eventually flowed to pharmaceutical companies, hospitals, anti-epidemic headquarters and a large number of unspecified consumers, some of which flowed to the wuhan market where the epidemic was the worst at that time, endangering public health safety and infringing on the legitimate rights and interests of consumers and the public.Xi ‘an Procuratorate found clues in the criminal case, and filed the case as a public interest lawsuit on August 12, 2020, and made an announcement through the Justice website, urging relevant authorities and social organizations to file a lawsuit. After the expiration of the announcement, no relevant authorities and organizations filed a lawsuit.On October 22 of the same year, Xi ‘an People’s Procuratorate filed a criminal incidental civil public interest lawsuit to Xi ‘an Intermediate Court, requesting huang to make a public apology on the news media and pay punitive compensation of 1.026 million yuan, three times the sales price.The case was heard in public on October 29, 2020.On November 25 of the same year, Xi ‘an Intermediate Court made criminal collateral civil public interest litigation judgment: Huang mou committed the crime of selling fake and inferior products, sentenced to fixed-term imprisonment of 5 years and 6 months;Order Huang mou in the news media public apology;Huang paid 1,026 million yuan in punitive damages, three times the sales price.Huang is not satisfied with the criminal sentence, and appeals to the Shaanxi Provincial High People’s Court.The Shaanxi Provincial High People’s Court made a ruling of the second instance on February 7, 2021, rejecting the appeal and upholding the original judgment.According to the Provincial Procuratorate, the quality of masks is directly related to public health security and the order of epidemic prevention and control, as well as the safety and health of people.The procuratorial organs have actively yet prudently played their role in public interest litigation, brought civil public interest litigation attached to criminal cases against offenders, and applied three times punitive compensation to punish and deter the sale of fake epidemy-related masks, effectively safeguarding the order of epidemic prevention and control and the legitimate rights and interests of the people.(Xi ‘an Press all media reporter Yang Chunyan) source: Xi ‘an News network