Lawyer Consultation How to punish the crime of producing shoddy drugs?
The punishment and sentencing for the crime of producing inferior drugs are: Where the perpetrator takes effect on inferior drugs and causes serious harm to human health, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;where the consequences are especially serious, the sentence is to be 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property. Such an offence requires that the perpetrator be subjectively intentional.
Legal basis: Article 14 of the Criminal Law of the People's Republic of China is an intentional crime because it knows that its actions will cause harm to society and hopes or allows such a result. Criminal responsibility shall be borne for intentional crimes.
Article 142:Whoever produces or sells inferior drugs and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;where the consequences are especially serious, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where the personnel of the drug-using unit clearly know that it is inferior drugs and provide them to others, they shall be punished in accordance with the provisions of the preceding paragraph.
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