After the revision of the Drug Administration Law: Jiangsu's "Drug God" case was revised in the second instance
China News Agency, Nanjing, June 2 (Reporter Shen Ran) On the 2nd, the Jiangsu Provincial High People's Court sentenced Lin Mouxiang and others for the illegal operation of the second instance. This is the revision of a case involving the illegal operation of imported drugs after the "People's Republic of China Drug Administration Law" was revised and came into effect on December 1, 2019. The case not only involved Indian anti-cancer drugs and cancer patients worth tens of millions of yuan, but the case was similar to the movie "I am not a drug god", so it received high attention.
The court heard that between 2011 and July 2014, 15 people including Lin Mouxiang, who did not obtain a drug business license, purchased “gefitinib” and “imatinate mesylate” through overseas personnel or from others. Drugs such as "nilotinib hydrochloride" are sold illegally in mainland China through the Internet or to hospitals to sell to doctors and patients. None of the above-mentioned pharmaceutical packaging is marked with the registration number of the imported pharmaceuticals, and the packaging, labels and instructions do not have Chinese signs, and they are imported without approval.
In this case, except for the defendant of the first trial Cao Mouchang who illegally traded drugs for less than 100,000 yuan, the other appellants and defendants of the first trial illegally traded drugs for more than 100,000 yuan to more than 5.9 million yuan.
The court of second instance held that the appellants and the defendants in the first instance sold drugs that must be approved by law but were not approved for import. According to the Drug Administration Law of the People’s Republic of China, which was implemented on December 1, 2001, they sold drugs that were "dismissed as fake drugs" The act constitutes the crime of selling fake drugs according to law; each appellant and the defendant of the first trial violated the national drug management laws and regulations, did not obtain a drug business license, sold drugs that were not tested by the Chinese drug inspection agency, disrupted the order of the drug market, and was illegal. According to the criminal law and judicial interpretations, the operation of drugs is also a crime of illegal operation. There was no improper conviction and punishment for the crime of selling counterfeit drugs in the first instance, and the sentence imposed on some defendants below the statutory sentence according to the circumstances of the case and the social hazard reflects the principle of leniency according to law.
However, during the second-instance review process, the "People's Republic of China Drug Administration Law" was revised and came into effect on December 1, 2019, and no longer stipulates that unauthorized drugs should be treated as fake drugs.
The court of second instance should no longer be convicted and punished with the crime of selling counterfeit medicines according to the principle of "from the old to the light" of the criminal law, but the state implements a strict licensing system for drug sales If the circumstances of dealing with drugs are serious or the circumstances are particularly serious, criminal responsibility shall still be investigated for the crime of illegal operation. In view of the fact that most of the drugs involved in the case were purchased and used by cancer patients, there is no evidence to prove that the consequences of harm to others or delay in diagnosis and treatment, the punishment can be appropriately lenient.
In the second-instance judgment, the crime of selling counterfeit drugs found by the court of first instance was changed to the crime of illegal business operation. The penalties of the 14 first-instance defendants were all reduced, and another one was acquitted. (Finish)