無法確定病原的食物中毒案於刑事訴追之疑難【本期企劃】 試閱
Difficulties in Criminal Prosecution of Food Poisoning Cases Where the Pathogen Cannot be Determined
寶林茶室食物中毒案,已造成多人死亡,但對於引發死亡的病原,卻無法確認。此也凸顯食物中毒的通案現象,即死者及廚師皆驗有致死病菌,惟在當時用為料理的食材、殘餘等,並未被即時保全,且亦無法藉由環境採樣取得的樣本,並從實驗室培養出病菌下,是否會因此造成刑事究責之困難,即是本文所要探討的重點。
Although many people died in the Polam Kopitiam food poisoning case, the cause of the deaths could not be confirmed. This also highlights the common phenomenon of food poisoning, that is, both the deceased and the chef were tested positive for lethal bacteria, but the ingredients and residues used for cooking at the time were not immediately preserved, and samples obtained through environmental sampling could not be obtained. Whether cultivating germs in the laboratory will cause difficulties in criminal prosecution is the focus of this article.
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