办理一起涉嫌妨害动植物检疫罪案件移送公安机关的体会

Investigation on a Case of Suspected Disrupting Animal and Plant Quarantine being Transferred to Public Security Organization

本文介绍了一起未申报检疫向海南省无疫区输入活牛的案件。因输入活牛抽样检验结果为阳性,有引起重大动物疫情的危险,认定当事人涉嫌妨害动植物检疫罪,应当移送公安机关立案查处。但由于缺乏"引起重大动物疫情危险"的风险评估材料,导致案件移送被搁置将近1年,最终在检察院的审查建议下才移送成功。本文总结出强化移送意识、重视鉴定和风险评估、把握移送时机等建议,以期为动物卫生行政执法与刑事司法衔接实践提供参考。

In this article,a case of importing cattle without quarantine certificates to Hainan province which has been identified as specific disease free zone was introduced.As some of the samples from these cattle were positive to specific diseases,it was considered these cattle might cause the outbreak of major animal disease.Therefore,the party concerned was suspected of disrupting animal and plant quarantine crime,and the case should be transferred to public security organization.As the lack of risk assessment materials supporting the claim of“having the risk of causing major animal disease”,the transfer procedure was delayed for nearly1year and was eventually transferred under the review of procuratorate.Advices were given in the end,which included strengthening transfer consciousness,attaching importance to the identification and risk assessment,and seizing the opportunity of transfer,so as to provide reference for the practice of animal health administrative law enforcement and the convergence of administrative law enforcement and criminal justice.