Criminal proceedings: opening a clinic to buy the unregulated Fengshi capsule for sale

[Abstract] Geng, the defendant, has long been engaged in medical activities in a clinic in XX town, XX County, and obtained the qualification of practicing assistant physician in 2009 Geng bought 20 bottles of "Fengshi capsule" and "kechuanting capsule II" without any formalities for sale On September 3, 2019, the court ruled that Geng, the defendant, as a medical practitioner, purchased fake drugs for sale, which has constituted the crime of selling fake drugs, sentenced to six months' imprisonment and a fine of 5000 yuan Medical practitioners should be aware of the harm of counterfeit drugs, and still purchase and sell counterfeit drugs in violation of the criminal law This paper explains this through a judicial case 。 The data comes from the criminal judgment of the first instance of producing and selling fake drugs (2019) No 81 of the first instance of criminal law of the people's Republic of China （1） The defendant, Geng, has long been engaged in medical activities in a clinic in XX town, XX County, and obtained the qualification of assistant doctor in 2009 In the first half of 2017, Geng bought a total of 20 bottles of "Fengshi capsule" and "kechuanting capsule II" for sale at a price of 300 yuan from unidentified personnel who were selling drugs in his clinic After others bought "Fengshi capsule" in their clinic and took it, they became allergic After they went to see a doctor, they were diagnosed as erythema multiforme Then they reported it to XX county market supervision and Administration Bureau, which then inspected Geng's clinic In the traditional Chinese medicine bucket cabinet of their clinic, they found that they were selling and failed to provide legal purchase bills and suppliers' qualification of artificial bezoar 1 can and dragon's blood 200 can Gram, dannanxing 400g, light powder 2 boxes, Fengshi capsule 1 bottle, kechuanting capsule Ⅱ 3 bottles, and they were seized according to law （2） According to the determination of X drug administration, Longxuejie and Fengshi capsules are fake drugs; according to the X drug industry of the drug manufacturing enterprise under the drug approval No z23020798 marked by "kechuanting capsule II", the drug is not produced by the enterprise, and the approval No of the drug used is also the approval No of Yiganling tablets The public prosecution organ provides corresponding evidence for the above facts, and holds that the defendant Geng, as a medical practitioner, bought fake drugs for sale, which violates Article 141 of the criminal law of the people's Republic of China The facts of the crime are clear and the evidence is true and sufficient, so he shall be investigated for criminal responsibility for the crime of selling fake drugs As a medical practitioner, Geng, the defendant, has already constituted the crime of selling fake drugs The court shall support the establishment of the charges charged by the public prosecution If the defendant has a confession, he shall be given a lighter punishment according to law After the crime, the defendant took the initiative to compensate the victim's economic loss, and obtained the understanding In the court trial, the defendant voluntarily confessed his guilt and repented, and the court gave a lighter punishment as appropriate On September 3, 2019, the court ruled that the defendant Geng, who committed the crime of selling fake drugs, was sentenced to six months' imprisonment and a fine of 5000 yuan （1） According to the public prosecution organ, the people's Procuratorate of XX County charged the defendant Geng with the crime of selling fake drugs with the indictment of X prosecution criminal suit (2019) No 118, and filed a public prosecution on June 5, 2019 （2） The defense argued that the fake medicine "Fengshi capsule" has only suspected harmful results, and there is no direct causal relationship between the patient's multiple erythema drug diagnosis and taking the "Fengshi capsule" sold by the defendant Geng The defendant's subjective maliciousness is small, the criminal circumstances are slight, the social harm is not great, there is a confession plot, it is a first offence, and the attitude of confession and repentance is good （3） Appraisal opinions: X food and drug administration determines that "Rheumatism Capsule" is treated as fake medicine; X food and drug administration determines that "dragon's blood is exhausted" is treated as fake medicine; X food and drug inspection and Testing Center tests that prednisone acetate, aminopyrine, diclofenac sodium and indomethacin are detected in "rheumatism capsule" sold by Geng Facts of the chemical constituents of cinchon and piroxicam.