Di Xiaogong of legal daily reporter
Province of Hainan of Chen Mou department is happy this year autonomous county of Dong Li a group of things with common features the doctor of a country of some village, because know perfectly well medicines and chemical reagents to be not accorded with,sell, first instance is saved by Hainan court of the 2nd intermediate people sentences a set term of imprisonment with selling false drug crime 6 months, carry out from penalty after ending prohibit undertaking sale of medicines and chemical reagents and relevant activity inside 3 years. Recently, final judgment of Hainan tall courtyard maintains original judgement.
Came in August 2016 during June 2017, chen Mou is seek undeserved interest, turn through small letter the means of Zhang is divided 9 times, purchased value with every 6 yuan price 6500 yuan " bolus of rheumatism of Wang god effect " , the village that works in its appoint meeting clinic is sold external with every 10 yuan price.
In July 2017, li Mou sends Chen Mou's friend its father two bottles " next general and gouty bolus in going up " , but Chen Mou puts two bottles of gouty ball in the clinic to be sold external. On March 1, 2018, le Dong county feeds medical inspect bureau to hunt down 11 in this clinic " bolus of rheumatism of Wang god effect " mix two bottles " next general and gouty bolus in going up " . Classics appraisal, afore-mentioned medicines and chemical reagents must be approved lawfully and produce without approval, for false medicine.
2 quadrangle try Hainan think, the life of immediate impact people mixes safety of medicines and chemical reagents healthy, chen Mou of the accused person violates rule of national Pharmaceutical Affairs Law, use a network to buy false medicine to give sale, its behavior already made crime of sale false drug. Chen Mou arrives after the case, commit a crime for narrating according to the facts fact, have honest plot, but take into consideration the circumstances is punished lightly; Basis " procuratorate of top people court, top people endangers case of criminal of safety of medicines and chemical reagents about dealing with applicable law the explanation of a certain number of problems " regulation of the first quadrinomial, of false medicine of production of staff member of medical establishment, medical establishment, sale, ought to take into consideration the circumstances from heavy punishment. Blame of integrated complete criminal fact and clue of measurement of penalty, the society that combines criminality endangers a gender, 2 quadrangle take into consideration the circumstances is opposite Hainan Chen Mou from heavy punishment, make afore-mentioned court decisions then.
This case advocate careful judge expresses, medicines and chemical reagents is concerning directly the life of people is healthy, false medicine both neither can assure the quality of medicines and chemical reagents, also cannot ensure the safety using drug of human body, some people are mixed in the temptation of the interest drive below, put in fluky psychology, then risk danger in desperation, notice false medicine not only cannot treat disease, cause harm possibly still to the patient, once lead to an accident, be sure to get legal penalty.
Do according to our country criminal law the 141st set: ? ? of ┑ of Xi of Huan of of ⑾ is in 3 years of the following set term of imprisonments or arrest battle, punish gold; Cause what be endangered badly or have other and serious plot to human body health, be in 3 years of above 10 years the following set term of imprisonment, punish gold; Send what the person dies or have other and special serious plot, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment, punish gold to perhaps confiscate property.
Sell the move of false medicine, often make a person detest. In recent years, 2 quadrangle severity hits Hainan all criminality that endanger security of medicines and chemical reagents, came 2015 2018, hear a criminal case of false drug of production, sale in all 11, and lawfully careful knot, endanger the crime of safety of medicines and chemical reagents through punishing lawfully, safeguard people is healthy reach life safety.
The judge reminds, what commit a crime again to put an end to a criminal is likely, meet not only lawfully from severe the blame imprisonment punishment that holds safety of harm medicines and chemical reagents to commit a crime is applicable condition, still can prohibit making through giving out, to the criminal give from cure qualification rigid limitation, ministry gantry crane is in charge of to sell its related the proposal from job seniority. Judge proposal, in the process that purchases drug, must channel of normative replenish onr's stock, abide by the principle from standard approach replenish onr's stock strictly, do not believe those discern hard on the net the medicines and chemical reagents of true bogus promotes advertisement, should not purchase drug from network platform more.
