A Brief Analysis of Criminal Liability of Adulterating or Counterfeiting Food Products: Take the Case of Replacing Foie Gras with Duck Liver As an Example
According to Paragraph 1 of Article 49 of “the Act Governing Food Safety and Sanitation,” the crime of adulterating or counterfeiting food products is a conduct crime and also an offender of abstract danger. Some academic claimed that the act of adulterating non-toxic or harmless substances does not constitute this offense. Nevertheless, some scholars opposed the purpose limited explanation, because this crime does, not only protect the health of the citizenry, but also have the prospect of keeping off the deception of low-quality food and of realizing the correct source of food. Thus, whether the act should be adulterated or counterfeited, there is no need to determine whether there is a risk of injury to human wellness. In 2016, the court decisions unified the opinions that this crime is to protect the health of the people and consumer rights, etc., so as long as food products were adulterated or counterfeited, it will cause the danger feint in law, and the court does not demand to conduct substantive examination.