Implementation of new drug administration law of "drug God case" with the defendant on bail pending trial

Author: Fengqiu "We defended his innocence in the second trial At that time, the amendment of the new drug administration law had not come out, and the court was more cautious and did not deliver a sentence in time On August 26, this year, the newly revised Drug Administration Law was voted and adopted by the Standing Committee of the people's Congress and formally implemented on December 1 Then according to the new law, if the drug is genuine abroad, it can't be punished according to the crime of selling fake drugs, so after the amendment of the law, we immediately applied for bail pending trial, which was rejected for the first time and passed for the second time " ——Deng Xueping, the lawyer of Lin Yongxiang On December 5, according to a number of social media reports, Lin Yongxiang, the first defendant in Lianyungang's "drug God" case, was granted a guarantor pending trial, while the other seven defendants who were detained for selling "fake drugs" have been granted a guarantor pending trial The new version of the drug administration law was passed on August 26 and formally implemented on December 1, in which the scope of fake and substandard drugs was modified, and drugs imported without approval were no longer listed as fake drugs If the circumstances are relatively minor with respect to the importation of a small number of drugs legally listed abroad, the punishment may be mitigated or exempted Deng Xueping, a lawyer for Lin Yongxiang, believes that the sale of counterfeit anti-cancer drugs in India can no longer be convicted and punished for the crime of selling fake drugs, and will plead for Lin's innocence Ge Shaoshan, another defender of Lin Yongxiang, revealed the supplementary opinions of the prosecution: according to the amendment of the new drug administration law, the drugs involved in the case are no longer regarded as selling fake drugs, but the actions of Lin Yongxiang and others violate the drug administration order, and should be punished according to the illegal business crime According to the charges of the public prosecution, from 2011 to July 2014, 15 defendants, including Lin Yongxiang, purchased a large number of anti-cancer drugs produced in India, such as "gefitinib" (Iressa), "imatinib mesylate" (Gleevec), "erlotinib hydrochloride" (trokai), "solafeni mesylate tablets" (dorgime), without import approval, through different channels and sold them to others at a higher price For the defendant and the hospital, the sales amount ranges from 50000 yuan to 5.9 million yuan.