The Analysis On A Case Of Crimes Of Endangering Public Security With The Dangerous Method Committed By Liu Xiang

In2011, after the judgment of two-stage People’s Court in Henan province, fivedefendants of the sensational clenbuterol case had been finally convicted of jointcrime and punished the crime of endangering public security with the dangerousmethod.As for the determination of the nature of the act, firstly, Liu Xiang and the otherfour defendants’ production and sale of clenbuterol could not be convicted of thecrimes of producing and selling toxic food, because clenbuterol is not a kind of food;secondly, Liu Xiang could not be convicted of the crimes of production and sale offake medicines either, for that clenbuterol is not the medicine in this case; thirdly, LiuXiang were convicted of both the crimes of illegal business operations andendangering public security with the dangerous method.As for illegal businessoperation, the behavior of Liu Xiang and the other four defendants constituted illegalbusiness operations crime because they illegally produced clenbuterol without DrugProduction License and Drug Business License, which was so serious and met theillegal business operations crime’s constitutive requirements. Furthermore,to direct atthe act of clenbuterol production and sale, in2002, the Supreme People’s Court andthe Supreme People’s Procuratorate had published the judicial interpretation andexpressly stipulated that this act would be punished of illegal business operationscrime.This case constituted the crimes of endangering public security with thedangerous method because Liu Xiang and the other four defendants’ producing andmarketing clenbuterol had already caused serious damage and also threatened thepeople’s life and health security, which was dangerous as whoever commits arson,breaches a dike, explosion,and met the constitutive requirements of crimes ofendangering public security with the dangerous method. The act of Liu Xiang etcbroke two accusation, which belonged to the imaginative joinder of offenses.According to the principle of giving a severe punishment, it should be convicted andpunished of crimes of endangering public security with the dangerous method. Thedecision of these two People’s Court was correct.In the establishment of joint crime, as LiuXiang, Xi Zhongjie, Liu Honglin threepersons and Xiao Bing, Chen Yuwei two persons did not have common criminal acts.They either did not have common criminal intentions. So LiuXiang, Xi Zhongjie, Liu Honglin three persons and Xiao Bing, Chen Yuwei two persons did not constitute jointcrime. The decision of the court was inaccurate.