The highest level of inspection: the crime of producing and selling fake drugs should be prosecuted without the threshold of crime

Source: China news.com, November 18, 2014 Han YaoYuan, deputy director of the Legal Policy Research Office of the Supreme People's Procuratorate, said today that the crime of producing and selling fake drugs will not be included in the crime threshold In addition to "selling a small amount of drugs processed privately according to folk traditional formulas, or selling a small amount of foreign and overseas drugs imported without approval, there will be no harm to others or delay in diagnosis and treatment If the circumstances are significantly minor, there will be no harm In addition to thinking it is a crime, criminal responsibility should be investigated for the production and sale of fake drugs "Two high" held a press conference today to release the judicial interpretation on the application of law in handling criminal cases against drug safety Han YaoYuan pointed out that for the illegal and criminal acts endangering drug safety, in addition to those who are investigated for criminal responsibility in the criminal justice process, there are also some administrative law enforcement organs to investigate for administrative responsibility When we studied and drafted the interpretation, we carefully studied the boundary between illegal and criminal, the connection between administrative law enforcement and criminal justice, and made relevant regulations in order to increase the efforts to crack down on illegal and criminal acts against drug safety, and at the same time to strengthen the operability For example, according to the relevant provisions of the eighth amendment to the criminal law, no matter how many fake drugs are produced or sold, criminal responsibility shall be investigated according to law The explanation no longer sets a threshold for the crime of producing and selling fake drugs Except for "selling a small amount of drugs processed according to folk traditional formula, or selling a small amount of foreign and overseas drugs imported without approval, without causing injury to others or delaying diagnosis and treatment, and the circumstances are obviously minor, with little harm, it is not considered as a crime", the act of producing and selling fake drugs is not considered as a crime " All should be investigated for criminal responsibility According to Han YaoYuan, Article 1 of the interpretation specifies seven kinds of heavier penalties for the crime of producing and selling fake drugs The spirit of this provision is to crack down on the crime of producing and selling fake drugs with the attitude of "zero tolerance" For those who have one of the seven situations stipulated in Article 1 of the interpretation, they shall not only be investigated for criminal responsibility according to law, but also be given heavier punishment For example, according to Article 75 of the drug administration law, Where inferior drugs are produced or sold, the illegally produced or sold drugs and their illegal income shall be confiscated, and a fine of not less than one time but not more than three times the value of the illegally produced or sold drugs shall be imposed; if the circumstances are serious, the production or sale of inferior drugs shall be ordered to be stopped, closed for rectification or the approval documents of drugs shall be revoked, and the drug production license, drug trade license or preparation license of medical institutions shall be revoked If a crime is constituted, criminal responsibility shall be investigated according to law In Article 2 of the interpretation, the four situations of "causing slight injury or serious injury", "causing slight disability or moderate disability" are recognized as "causing serious harm to human health" in Article 142 of the criminal law, and criminal responsibility is investigated for the crime of producing and selling inferior drugs Han YaoYuan said that the above provisions have clearly defined the boundary between administrative responsibility and criminal responsibility, which is conducive to strengthening the seamless connection between administrative law enforcement and criminal justice In the process of cracking down on the illegal crimes against drug safety, the administrative law enforcement departments shall transfer the cases that conform to the relevant provisions of the interpretation and constitute crimes to the public security organs according to law; At the same time of criminal punishment, the relevant administrative law enforcement organs shall also impose administrative punishment according to the relevant provisions on the acts that meet the conditions for administrative punishment stipulated in the drug administration law and other legal norms The relevant administrative law enforcement agencies shall investigate the administrative responsibility for the acts that fail to meet the conviction standards of the relevant crimes stipulated in the interpretation, and the acts that are not stipulated as crimes in the criminal law but violate the legal norms such as the drug administration law
Han YaoYuan introduced that in the first half of this year, the Supreme People's Procuratorate specially arranged to carry out special supervision activities of criminal cases against the people's livelihood The goal of this special supervision activity is to supervise the administrative law enforcement organs to transfer and supervise the public security organs to investigate a number of crimes against the people's livelihood that occurred near the people and infringed the people's vital interests and social public interests, including Crimes against drug safety should be effectively prevented and corrected, such as substituting punishment for punishment, not moving cases, not setting up cases, and indulgence in crimes We should promote the improvement of the linkage mechanism between administrative law enforcement and criminal justice in cases of illegal crimes against drug safety, form a joint effort to combat, and effectively safeguard the life, health and safety of the people.