Implement from producing and selling the criminal case judicial explanation of medicine of imitation and poor quality for May 27

Implement from producing and selling the criminal case judicial explanation of medicine of imitation and poor quality for May 27
(reporter Meng QingPu) The Supreme People's Court, the Supreme People's Procuratorate announce " about handle, produce, sell false medicine, bad the intersection of medicine and the intersection of criminal case and concrete the intersection of application and the intersection of law and several explanation of issue " a few days ago ' Hereafter referred to as " explaining ") ,Implement since May 27. " explain " stipulates, obviously false medicine of medical organization but sale will be investigated criminal liability.
" explain " divides eight together. Have stipulated that produces, sells false medicine " enough to be detrimental to health seriously " Assert by standard, medicine crime the standards applicables of extent for measurement of punishments false without being produced, sold, the intersection of sale and false medicine, bad that medical organization implement how behavior determine the nature treatment medicine, in order to produce, sell the false medicine crime and produce, sell the situation that the bad medicine crime accomplice punishes, particular in period to produce, sell particular medicine of imitation and poor quality to punish severely, effectiveness of judicial explanation,etc..
Yesterday, the information office of the State Council specially holds the news briefing, invite the Supreme People's Court, the Supreme People's Procuratorate and national food medicines to supervise the relevant persons in charge of administration bureau introducing the relevant situations of " explaining ".
It is " enough to be detrimental to health seriously " Stipulate that there is greater adjustment
It is introduced, article 141, article 142 of criminal law of our country has stipulated respectively that produces, sells the false medicine crime and produces, sells the bad medicine crime. Applicable to in order to strengthen the law, in 2001, " two was high " Once guilty relevant questions did judicial explanation to producing, selling false medicine. Compared with explanation in 2001, " explain " that has fixed and produced, sold the false medicine crime " enough to be detrimental to health seriously " in article 1 this time Assert by standard,increase or if you can't forge medicines production licence or authentication code, more last situations such as prescribed medicine,etc., make it produce, sell false medicine crime, have practicality even more not to assert.
" explain " article 2, article 3 " causes endangering to the health seriously " about false, bad medicine " , " lead to the fact, very much endanger to health seriously " And " the consequence is very serious " Regulation,except explaining 2001 slight injury, severely injured and deformity standard stipulated already, newly-increased organ organize damage, the intersection of function and regulation of obstacle. Present regulation, has basically solved the danger consequence caused to false, bad medicine in the judicial practice and asserted the difficult problem, can protect the people's life health and safety even more.
Public health event period produces and sells medicine of imitation and poor quality to punish severely
" explain " stipulates, happen in period in accidents such as natural calamity, accident disaster, public health event, social safety incident,etc., produce, sell false medicine used for tackling accident medicines, bad medicine, punish severely in accordance with the law. The Supreme People's Court relevant person in charge say fake production of medicine behavior make people abhor already, the behavior of fake production of medicine in period of the accident is the life and health of jeopardizing people directly even more. For example prevail period in infectious disease, produce, sell used for preventing and controlling this infectious disease needs medicines badlying false medicine, bad medicine; Lead to the fact in earthquake,etc. the accident disasters of personnel's great injuries and deaths happen in period, produce, sell false medicine used for styptic medicines, bad medicine, its harmfulness is more outstanding, it accords with the need which safeguards the people's fundamental interests to punish it severely.
National food medicines supervise the relevant persons in charge of administration bureau saying, in preventing and controlling the first type H1N1 influenza course at present, will do the relevant work of attacking medicines and medical equipment of imitation and poor quality well more tightly. Every medicines and medical equipment of imitation and poor quality finding involved in influenza prevention and control of first type H1N1, will attack firmly.
Because medical organization sells false and is investigated should hold three points in criminal liability
Medical organization know or should know and use or sell, in order to sell false medicine crime, bad medicine crime of sale to investigate criminal liability. " explain " article 4 has carried on the regulation to this ". The relevant persons in charge of the Supreme People's Court say, the medical organization is the place where the patient trusts most, the medical organization uses false medicine, bad medicine to have serious social harmfulness, should punish according to law. Should pay attention to three points in the concrete practice: First of all, should reach and declare the standard guilty; Secondly, the medical organization includes all types of hospital, include the self-employment practice too; Third, know or should know subjectively.
For selling the behavior of medicines of imitation and poor quality through Internet, this person in charge says, no matter through what way it is, it is false medicine so long as sold, so long as this false medicine is enough to be detrimental to health, no matter sell through Internet or other channels, the ones that reach stipulating in judicial explanation declare criterion for imposing penalty guilty, merit punishment.
The star obviously still speaks on behalf and does accomplices to deal with false
" explain " stipulates, offer help or facilitate the behavior of the condition to the criminal who produces, sells medicine of imitation and poor quality, for example post, advertising behavior, is dealt with accomplice. The Supreme People's Court relevant person in charge say in the judicial practice, some people know or should know others produce, sell medicine of imitation and poor quality, and for economic condition of providing with funds etc. it, some offer production technology, some offer produce, deal in the facility while being other, other to carry on propagating in advertisement,etc. for it. These common criminal offences have encouraged the crime of medicine of imitation and poor quality of production, sale greatly, as to this kind of complicity people, should attack sternly in accordance with the law.
This person in charge says, the advertising behavior of false medicine, bad medicine has been that the ordinary people have reflected very strong problem all the time, those know others produces, sells false medicine, bad medicine but has and offers the behavior of advertising propaganda activity for it in various medias perfectly well, have caused very abominable influence in the masses. For this reason, " explain " specially enumerates this kind of advertising behavior out, attack as the accomplice. That from the viewpoint of judicial explanation, offer advertising such a behavioral orientation problem at first for star to take the place of words and deeds. According to the stipulations of " criminal law ", it is the calculated crime to produce, sell the medicine crime of imitation and poor quality, it regards knowing the prerequisite or should know others produce, sell medicine of imitation and poor quality as to form accomplices. "if he ( She) Know perfectly well others produce, sell of imitation and poor quality medicine, accord with the regulations of " criminal law ", it punishes as accomplice to be all right, but this prerequisite is very important. "
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