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    Home > Active Ingredient News > Drugs Articles > Amendments to the Criminal Law of the People's Republic of China (11) were adopted: drug registration fraud was officially punished

    Amendments to the Criminal Law of the People's Republic of China (11) were adopted: drug registration fraud was officially punished

    • Last Update: 2021-01-02
    • Source: Internet
    • Author: User
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    On the afternoon of December 26, the 24th session of the Standing Committee of the 13th National People's Congress voted to adopt an amendment to the Criminal Law (11th), which will come into effect on March 1, 2021.
    Amendments to the Criminal Law (11) add 13 new articles and amend 34 articles.
    this revision mainly focuses on the criminal law governance and protection in the fields of safeguarding people's lives and safety, safe production, financial market order, intellectual property rights, ecological environment, public health and safety related to epidemic prevention and control.
    Criminal Law Amendment (11) to further strengthen food and drug safety, and drug management law and other laws to make a good connection.
    the drug administration law to adjust the scope of counterfeit drugs, the simultaneous adjustment of the production and sale of counterfeit drugs and the production and sale of inferior drugs, in order to facilitate the convergence of execution.
    drug registration fraud is officially criminal.
    Amendments to the Criminal Law (11) relate to the field of medicine: Article 141 of the Criminal Law shall be amended to state: "Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall be punished with a fine;
    of the drug-using unit who knowingly provide it to another person for use, shall be punished in accordance with the provisions of the previous paragraph.
    article 142 of the Criminal Law shall be amended to state: "If the production or sale of inferior drugs causes serious harm to human health, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall be punished with a fine;
    of the drug-using unit who knowingly provide it to others for use, shall be punished in accordance with the provisions of the previous paragraph.
    " Add an article after Article 142 of the Criminal Law as one of Article 142: "If a violation of the drug administration regulations is caused by one of the following circumstances, which is sufficient to seriously endanger human health, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished with a single penalty; "(2) producing, importing or knowingly selling the drug without obtaining the relevant approval documents for the drug; (3) providing false certificates, data, information, samples or other deceptive means in the registration of the drug application; (4) fabricating the production and inspection records.
    " who commits the acts in the previous paragraph and at the same time constitutes a crime under Articles 141 and 142 of this Law or any other crime shall be convicted and punished in accordance with the provisions on the heavier penalties.
    38 Add an article after Article 334 of the Criminal Law as one of Article 334: "In violation of the relevant provisions of the State, illegally collecting human genetic resources of our country or illegally transporting, mailing or carrying materials of human genetic resources of our country out of the country, endangering public health or the public interest, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall be punished with a fine of not less than three years and a single penalty;
    " 39 Add an article after Article 336 of the Criminal Law as one of Article 336: "The implantation of genetically edited and cloned human embryos into human or animal bodies, or the implantation of genetically edited or cloned animal embryos into human bodies, if the circumstances are serious, shall be punishable by fixed-term imprisonment of not more than three years or criminal detention, and a fine;
    " Article 45, paragraph 1 of Article 408 of the Criminal Law, shall be amended to state organs with responsibility for the supervision and management of food and drug safety, if they abuse their power or neglect their duties, and if one of the following circumstances results in serious consequences or other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; "(2) failure to investigate and punish serious food and drug safety violations found; (3) granting permission for applications that do not meet the requirements during the examination and approval of drugs and special foods; (4) transferring them to judicial organs for investigation of criminal responsibility and not handing them over; and (5) other abuses of power or dereliction of duty. The full text of
    " reads as follows: Amendments to the Criminal Law of the People's Republic of China (11) (adopted at the 24th Session of the Standing Committee of the 13th National People's Congress on December 26, 2020) I. Article 17 of the Criminal Law was amended to read: "A person who has reached the age of 16 shall be held criminally liable for a crime."
    " who has reached the age of 14 or under the age of 16 shall be criminally responsible for intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, set fire to, explosion or discharge of dangerous substances.
    " A person who has reached the age of twelve or under the age of fourteen shall be held criminally responsible if he commits the crime of intentional homicide, intentional injury, causing death or causing serious injury or serious injury by particularly cruel means, and if the circumstances are serious, he shall be prosecuted with the approval of the Supreme People's Procuratorate.
    " shall be punished lightly or lightly for persons under the age of 18 who are investigated for criminal responsibility in accordance with the provisions of the first three paragraphs.
    " who shall not be criminally punished because he is under the age of sixteen shall be ordered to be re-educated by his parents or other guardians;
    " 2. Add an article after Article 133 of the Criminal Law as Article 133 2: "If a driver of a moving public transport uses violence or robs a driving control device, interferes with the normal operation of public transport, endangers public safety, he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall be punished with a fine or a single penalty."
    who leaves his post on public transport while driving, fights with others or beats others, endangering public safety, shall be punished in accordance with the provisions of the previous paragraph.
    " shall be convicted and punished in accordance with the provisions of the heavier penalties if they commit the first two acts and constitute other crimes.
    article 134, paragraph 2, of the Criminal Law shall be amended to say: "If another person is forced to take risks in violation of the law, or if he does not rule out the existence of a major accident risk, he shall still take the risk of organizing the operation, and therefore cause a major casualty accident or cause other serious consequences, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;
    " Add an article after Article 134 of the Criminal Law as one of Article 134: "If, in violation of the provisions on safety management in production or operation, there is a real risk of major casualties or other serious consequences, the person shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control: "(1) close down, destroy the monitoring, alarm, protection, life-saving equipment, facilities directly related to production safety, or alter, conceal or destroy the relevant data or information; (2) Refusal to carry out rectification measures that are ordered by law to stop production, stop construction, stop the use of relevant equipment, facilities, places or take immediate corrective measures to eliminate dangers due to the existence of a major accident hazard; (3) Matters involving safe production shall be engaged in mining, metal smelting, construction, and highly dangerous production and operation activities such as the production, operation and storage of dangerous goods without the approval or permission of the law.
    article 141 of the Criminal Law shall be amended to state: "Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall be punished with a fine; if serious harm to human health is caused or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall be punished with a fine of not less than ten years;
    of the drug-using unit who knowingly provide it to another person for use, shall be punished in accordance with the provisions of the previous paragraph.
    article 142 of the Criminal Law shall be amended to state: "If the production or sale of inferior drugs causes serious harm to human health, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall be punished with a fine;
    of the drug-using unit who knowingly provide it to others for use, shall be punished in accordance with the provisions of the previous paragraph.
    " 7. Add an article after Article 142 of the Criminal Law as one of Article 142: "In violation of the drug administration regulations, if one of the following circumstances is sufficient to seriously endanger human health, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished with a single penalty; "(2) producing, importing or knowingly selling the drug without obtaining the relevant approval documents for the drug; (3) providing false certificates, data, information, samples or other deceptive means in the registration of the drug application; (4) fabricating the production and inspection records.
    " who commits the acts in the previous paragraph and at the same time constitutes a crime under Articles 141 and 142 of this Law or any other crime shall be convicted and punished in accordance with the provisions on the heavier penalties.
    article 160 of the Criminal Law shall be amended to read: "To conceal important facts or fabricate material false contents in the issuance documents such as prospectimates, prospects, corporate and corporate bonds, etc., and to issue stocks or corporate bonds, depository receipts or the State Council." Any other securities recognized in accordance with the law that have a large amount, serious consequences or other serious circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be punished with a single penalty;
    "The controlling shareholder, the actual controller organization or the person directing the commission of the act in the forebeen shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be punished with a fine of not less than 20 percent of the amount of illegally raised funds and not more than twice the amount of the illegally raised funds; If
    unit commits the first two crimes, the unit shall be sentenced to a fine of not more than 20 percent of the amount of illegally collected funds and punished in accordance with the provisions of the first paragraph, and the person in charge and other persons directly responsible for it shall be punished.
    article 161 of the Criminal Law shall be amended to include: "A company or enterprise that has the obligation to disclose information in accordance with the law shall seriously damage the financial and accounting reports of shareholders and the public that are false or conceal important facts, or that other important information that should be disclosed in accordance with the law shall not be disclosed in accordance with the provisions." If the interests of the shareholders or others, or other serious circumstances, the persons in charge and other persons directly responsible for them shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be punished with a single fine; if the controlling shareholder or actual controller of a company or enterprise as stipulated in the fore paragraph
    commits or organizes or directs the act of the fore paragraph, or conceals the relevant matters that cause the circumstances specified in the fore paragraph to occur, the penalty shall be imposed in accordance with the provisions of the previous paragraph.
    the controlling shareholder or the actual controller who commits the crime in the fore paragraph shall be sentenced to a fine and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the first paragraph.
    article 163, paragraph 1, of the Criminal Law shall be amended to state: "A staff member of a company, enterprise or other unit shall, by taking advantage of the convenience of his position, obtain the property of another person or illegally accept the property of another person for the benefit of another person, in a larger amount, shall be punished with a term of not more than three years." Fixed-term imprisonment or criminal detention, and a fine; if the amount is large or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and a fine shall be imposed; if the amount is particularly large or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be punished with a fine.
    article 11, the first paragraph of Article 175 of the Criminal Law shall be amended to state: "If a bank or other financial institution obtains loans, bill acceptance, letter of credit, guarantee, etc. by deception and causes serious losses to a bank or other financial institution, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished with a single penalty;
    article 176 of the Criminal Law shall be amended to include: "Any illegal absorption of public deposits or disguised absorption of public deposits, disturbing the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished with a single penalty;
    unit commits the crime committed in the previous paragraph, the unit shall be sentenced to a fine and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the previous paragraph.
    " has the first two acts, before the prosecution actively refund the stolen money, reduce the damage occurred, can be light or reduced punishment.
    article 182, paragraph 1, of the Criminal Law shall be amended to include: "If one of the following circumstances manipulates the securities and futures market and affects the price of securities or futures trading or the trading volume of securities or futures, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be punished with a single penalty; shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall be punished: "(1) individually or in collusion, concentrating the advantages of funds, holding shares or holding positions or using the advantages of information to buy and sell jointly or continuously; (3) trading securities between accounts under his actual control, or buying and selling futures contracts on his own if he or she is the subject of his own trading; "(4) If the purchase or sale of securities or futures contracts is not frequently or substantially declared and cancelled for the purpose of closing transactions; "(5) using false or uncertain material information to induce investors to conduct securities and futures trading;" (6) The issuer of securities and the futures trading target publicly makes an evaluation, forecast or investment proposal, and at the same time conducts reverse securities trading or related futures trading; (7) manipulating the securities and futures market by other methods.
    " fourteies
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