Recently, the case of Li Moumou's production and sale of counterfeit drugs handled by the Mile City Public Security Bureau in Honghe Prefecture, Yunnan Province, was tried by the Maitreya Municipal People's Court and found that Li Moumou committed the crime of producing and selling fake drugs, and was sentenced to one year in prison, fined 20,000 yuan, and paid punitive damages of 23,223 yuan in accordance with the law.
Review of the case
On May 18, 2022, when the police of the Food and Drug Investigation Brigade of the Mile City Public Security Bureau inspected the Zhuyuan Town Market in Mile City, they seized 46 suspected counterfeit drugs on the stall where Li Moumou was selling drugs.
After investigation: From December 2020 to May 2022, for the purpose of illegal profit, Li Moumou sold drugs through stalls in the farmers' markets of Zhuyuan Town and Pengpu Town, Maitreya City, through the preparation of Chinese herbal medicines, diclofenac sodium sustained-release tablets and Panax notoginseng tablets purchased in regular pharmacies, and put them into new packaging made and printed by himself, respectively, through stalls in the farmers' markets of Zhuyuan Town and Pengpu Town, Maitreya City, and illegally made a profit of more than 7,000 yuan. According to the Honghe Prefecture Market Supervision and Administration Bureau, 19 kinds of products produced and sold by Li Moumou are counterfeit drugs, and his behavior is suspected of the crime of selling counterfeit drugs.
The police reminded
The production and sale of counterfeit drugs seriously endangers the people's lives, health and safety, disrupts the order of the drug market, and is extremely harmful to society, and will be severely punished by law. Consumers are reminded that they must seek medical treatment and purchase drugs through formal channels, and must not buy and use "special drugs" and "miracle drugs" from unknown sources without authorization, which will delay the condition and endanger their lives.
Legal Links
Article 141 of the Criminal Law of the People's Republic of China stipulates that anyone who produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; and where death is caused or there are other especially serious circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given.
Article 48 of the Drug Administration Law of the People's Republic of China stipulates that the production (including preparation) and sale of counterfeit drugs are prohibited.
In any of the following circumstances, it is a counterfeit drug:**Maitreya**.1) The ingredients contained in the drug do not conform to the ingredients specified in the national drug standards;
2) Passing off non-drugs as drugs or other drugs as such drugs;
In any of the following circumstances, it shall be treated as counterfeit drugs:
1) ** The drug regulatory department prohibits its use;
2) Producing or importing without approval that must be approved in accordance with this Law, or selling without inspection that must be inspected in accordance with this Law;
3) spoiled medicines;
4) Contaminated medicines;
5) Produced using APIs that must obtain an approval number in accordance with this Law but have not obtained an approval number;
6) The indications or functional indications indicated by the drug exceed the prescribed range.
Editor-in-charge: Yi Keyan.
Responsible proofreader: Guo Yi.
Editor-in-chief: He Xiaoyu.
Final Review: Editorial Board Member Cao Jie.