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    Home > Medical News > Medical World News > Amendments to the new Penal Code were adopted: illegal collection of human genetic material is punishable by up to seven years

    Amendments to the new Penal Code were adopted: illegal collection of human genetic material is punishable by up to seven years

    • Last Update: 2021-01-11
    • Source: Internet
    • Author: User
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    According to the official website of the National People's Congress, the Amendment to the Criminal Law of the People's Republic of China (11) was adopted by the 24th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 26, 2020 and will come into effect on March 1, 2021.
    the formal criminalization of counterfeit drugs registration is noteworthy, the amendments to the Criminal Law (11) cover the field of medicine, including the provisions on the production and sale of counterfeit drugs.
    Among them, Article 141 of the Criminal Law shall be amended as follows: "Those who produce or sell 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 of
    shall be amended as follows: "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 use unit" who knowingly provide it to another person for use with inferior drugs shall be punished in accordance with the provisions of the previous paragraph.
    article 142 of the Criminal Law shall be added 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 sentenced to a single penalty; and shall be punished: (1) producing or selling drugs prohibited by the drug supervision and administration department under the State Council; (2) producing, importing drugs or knowingly selling them without obtaining the relevant approval documents for the drugs; (3) providing false certificates, data, information, samples or other deceptions in the registration of drug applications; and (4) fabricating production and inspection records.
    who commits an act 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.
    Some relevant analysts said that the drug registration fraud and other formally incorporated into the criminal law, is based on the early judicial interpretation and nearly two or three years of practice, although there are not too many related cases, but in fact also achieved good results, played a huge industry deterrent effect.
    It is worth mentioning that some analysts pointed out that the amendment in the production and sale of counterfeit drugs related provisions: mainly in line with the previously amended drug management law, to a large extent to limit or even eliminate the drug purchase from abroad without the approval of the Drug Administration of the penalties.
    In the past, there have been some minor differences in the criminal law treatment of inferior and counterfeit drugs, and this time the two similar substances have been materialized, removing the definition of counterfeit drugs in the law on the direct invocation of counterfeit drugs in the past in criminal law amendments.
    the same time, the amendment to the Criminal Law (11) also clearly stipulates the acts of state organ staff who are in the responsibility of supervision and management of food and drug safety.
    Article 408 of the Criminal Law, paragraph 1, is amended to say: "If a staff member of a state organ with responsibility for the supervision and management of food and drug safety abuses his power or neglects his duties, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention if he or she abuses his power or neglects his duties, resulting in serious consequences or other serious circumstances; (1) concealing or misrepresenting food safety accidents or drug safety incidents; (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 evaluation of drugs and special foods; (4) transferring them to judicial organs for investigation of criminal responsibility and non-transfer; (5) other abuses of power or dereliction of duty.
    The illegal collection of human genetic resources is particularly serious and punishable by up to seven years. It is also worth noting that the amendment to the Criminal Law (11) also amends the relevant regulations on the implantation of human genetic resources and human embryos from gene editing/cloning into human or animal bodies.
    article 334 of the Criminal Law shall be added 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 not more than seven years;
    article 336 of the Criminal Law shall be added as one of Article 336: "The implantation of human embryos edited and cloned into human body or animal body, or the implantation of genetically edited or cloned animal embryos into human body, if the circumstances are serious, shall be punishable by fixed-term imprisonment of not more than three years or criminal detention, and a fine;
    " for the above-mentioned regulations, some industry sources said that the amendment to the Criminal Law and biosethics law to connect and maintain consistency, the issue of human genetic resources is not only a biotechnology issue, but also related to human health, involving ethics, the public interest.
    this year's outbreak, biosecurity has long been raised to the national security system, it can be said that biosecurity related to human survival.
    17 October this year, the Biosecurity Act was voted on and will come into effect on 15 April 2021.
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