顾客明知是野生蛇类仍然下单食用，吃完后立即举报商家，要求退赔款项并查处餐馆违法行为。    MIAMI -- A suspended Miami city commissioner who is accused of accepting $245,000 in exchange for voting to approve construction of a sports facility has pleaded not guilty to multiple felony charges, including bribery and money laundering.Alex Diaz de la Portilla did not appear in court Friday, but his attorney, Ben Kuehne, entered the plea for him.Diaz de la Portilla and a co-defendant, Miami attorney William Riley Jr., were arrested Sept. 14.Gov. Ron DeSantis suspended Diaz de la Portilla, who is a fellow Republican, after the commissioner's arrest. Kuehne said Friday that his client was campaigning for the Nov. 7 election to keep his seat on the commission.“We look forward to a vindication of these charges because Alex is not guilty," Kuehne said at the Miami-Dade criminal courthouse, according to the Miami Herald.Kuehne requested that Diaz de la Portilla be tried separately from Riley, WPLG-TV reported.On Friday, Riley's attorney also entered a not guilty plea for his client, who did not appear in court. Riley is accused of being the front for the business that allegedly gave money to the Diaz de la Portilla campaign in exchange for the right to build a sports facility on land that is now a downtown city park.Both men bonded out of jail soon after being arrested, and their next status hearing is Nov. 14. A trial date has not been set.Diaz de la Portilla is a former state legislator and was elected to the city commission in 2019. Investigators said Diaz de la Portilla and Riley accepted more than $15,000 for the Miami-Dade County Court judicial campaign of Diaz de la Portilla’s brother but did not report the money, as required by state law. Riley also controlled a bank account in the name of a Delaware-based corporation to launder about $245,000 in concealed political contributions made by a management services company in exchange for permission to build a sports complex, officials said.Investigators also said Diaz de la Portilla operated and controlled two political committees used both for his brother’s campaign and for personal spending. Records showed one of the committees reported donations of about $2.3 million and the other reported more than $800,000.Diaz de La Portilla and Riley are each charged with one count of money laundering, three counts of unlawful compensation or reward for official behavior, one count of bribery and one count of criminal conspiracy. Diaz de la Portilla is also charged with four counts of official misconduct, one count of campaign contribution in excess of legal limits and two counts of failure to report a gift. Riley is also charged with failure to disclose lobbyist expenses.。事后，商家被予以行政处罚，市场监管部门也对举报人开出了罚单。举报人对此不服，一纸诉状告上法院，声称是为了取证才食用野生动物。广州铁路运输中级法院8月19日透露，法院审理后判决驳回举报人诉讼请求。

明知是野生蛇类仍下单食用

市场监管部门依法处罚2024年3月20日晚，张某（化名）与朋友前往广州市某餐馆用餐，在进店前即开始拍摄。

二 | 进入餐馆落座后，张某向服务员称其通过网络得知该店有水蛇粥，服务员当时称没有水蛇粥、但有眼镜蛇，双方商量好价格及制作方法后，张某同意餐馆制作加工眼镜蛇并食用。三日后，张某向市场监管部门邮寄投诉举报材料，称其于2024年3月20日在某餐馆用餐时选购一份眼镜蛇，其认为餐馆非法销售野生动物的行为违反了相关法律规定，故要求退赔款项并查处餐馆违法行为。同年4月8日，市场监管部门对张某涉嫌食用野生动物案决定予以立案。经鉴定，涉案野生动物制作的食品来源于蛇类动物。7月4日，市场监管部门向张某作出被诉《行政处罚决定书》，以张某食用蛇类野生动物行为违反了《广州市禁止滥食野生动物条例》第二条第一款第（一）项规定为由，作出罚款的行政处罚。

三 | 张某不服，经申请行政复议被维持后诉至法院。庭审中，市场监管部门述称已对涉事餐馆作出行政处罚。一审法院判决驳回张某的诉讼请求。张某仍不服，主张其食用蛇类是为了固定证据，上诉至广铁中院。

四 |

法院：举报违法不以自身违法为前提

主动食用不能免责来源：中国新闻网综合自广铁中院