Criminals used mineral water to fake the new crown vaccine

  The Supreme People's Procuratorate issued a typical case of severely punishing crimes involving the new crown vaccine in accordance with the law

  □ Our reporter Zhou Bin

  In the initial stage of the new crown vaccine’s launch, individual criminals took advantage of the temporary supply of scarce and profitable to make huge profits through counterfeiting and selling counterfeit products, high-priced reselling, illegal operations in violation of national regulations, and unauthorized mass inoculations. Some even smuggled fake vaccines. Abroad, severely disrupting the order of epidemic prevention, endangering public health safety, and corrupting the image of the country, this kind of criminal behavior is bad in nature and has serious consequences.

  The Supreme People’s Procuratorate requires procuratorial organs at all levels across the country to take the initiative to serve the domestic and international situations of epidemic prevention and control, actively cooperate with public security organs to act quickly and resolutely crack down on new crown vaccine-related crimes, find one, investigate and prosecute one, and promptly arrest and prosecute in accordance with the law.

As of February 10, 2021, procuratorial organs across the country have legally approved the arrest of 70 suspects in 21 cases.

  Today, the Supreme People’s Procuratorate issued four typical cases of severe punishment of crimes involving the new crown vaccine in accordance with the law.

  Fake vaccines in rental houses

  The first case was the suspected production and sale of counterfeit drugs by Kong, Qiao and others.

  In August 2020, Kong and Qiao came up with the idea of ​​manufacturing fake new crown vaccines and selling them for profit. For this reason, the two used the Internet to find and understand the injection style and packaging style of the genuine vaccine.

Subsequently, the two bought prefilled syringes and used normal saline to make fake new crown vaccines in hotel rooms and rented houses.

  In order to expand the scale of counterfeiting, Qiao recruited 3 relatives and friends from his hometown to help make it.

In the late period of making the fake, because of insufficient physiological saline, Qiao replaced it with mineral water.

In response to Kong’s commission, Yin and other three people used drawing technology, printing technology and printing conditions to design and produce the “new coronary pneumonia inactivated vaccine” label and packaging box for Kong.

After the production was completed, Kong lied to the outside that it was a "genuine new crown vaccine obtained from internal channels" and sold it to Wang (a separate case dealt with) and others, causing the fake vaccine to flow into the society.

In the middle of the night on November 19, 2020, Kong instructed others to transport the packaging boxes and semi-finished products left during the counterfeiting process to a remote place for burning and destruction.

  On November 27, 2020, the public security agency discovered the criminal clues of Kong and others and decided to open a case for investigation. On the same day, they arrested Kong and Qiao who had fled with the stolen money, and then successively arrested Yin and others.

Preliminary investigations revealed that Kong, Qiao and others manufactured and sold about 58,000 counterfeit new crown vaccines, making a profit of about 18 million yuan.

On December 22, 2020, the public security agency requested the procuratorate to approve the arrest of Kong and Qiao on suspicion of producing and selling counterfeit drugs.

  The procuratorial agency found that Kong, Qiao and others used substances that do not contain pharmaceutical ingredients to manufacture the so-called new crown vaccine, and according to the provisions of the Drug Administration Law, it should be identified as a fake drug.

With reference to the "Response Letter from the Comprehensive Department of the State Drug Administration on Relevant Issues Concerning the Identification of Fake and Inferior Drugs", there is no need to inspect the "drugs involved in the case" if the drugs are determined to be counterfeit or inferior through "fact determination".

The conduct of Kong, Qiao and others is suspected of producing and selling counterfeit drugs, and may be sentenced to imprisonment or higher, and there is a risk of escape, collusion or destruction of evidence, and should be arrested in accordance with the law.

  On December 25, 2020, the procuratorate decided to approve the arrest of the suspects Kong and Qiao.

Want to smuggle vaccines abroad

  The second case was that Li and others were suspected of smuggling goods prohibited from import and export by the state.

  Starting from August 2020, Kong (a separate case dealt with) manufactured fake new crown vaccines and falsely claimed that the genuine products were sold.

Li mistakenly thought it was a genuine product and decided to buy it.

Chen and Yan were familiar with Li because of reselling masks and protective clothing. After they got the news, they decided to buy these vaccines from Li and smuggle them abroad for profit.

  In early November 2020, Li, Chen, Yan and others negotiated the details of the transaction and the division of labor, and determined that Chen and Yan would purchase 2,000 vaccines from Li at a price of 1.32 million yuan.

On November 10th, Li bought 2,000 vaccines made by Kong at a price of 1.04 million yuan through others.

Subsequently, Li packed the batch of vaccines in four incubators provided by Yan and transported them to Shenzhen by air via Tianjin via a logistics company.

On November 11, Li and Yan transported the first batch of 600 vaccines to Hong Kong through an intermediary in the form of cargo hidden entrainment. On November 12, these vaccines were shipped abroad.

Also on November 12, the second batch of 1,200 vaccines was shipped to Hong Kong by the same method.

Chen arranged for the remaining 200 vaccines in this transaction to be transported to Fujian for temporary storage.

On November 25, Chen learned that his behavior had been exposed, so he arranged for personnel to destroy all 1,400 vaccines stored in Hong Kong and Fujian.

  On November 11, 2020, the public security agency discovered the criminal clues of Li and others during their work, and decided to open a case for investigation, and successively arrested Li and others from November 19 to 28.

On December 19, the public security agency asked Li and others to be suspected of illegal business operations and asked the procuratorial agency to approve the arrest.

  The procuratorial agency found that the actions of Li and others were suspected of committing a crime and may be sentenced to imprisonment or more, and there was a risk of escape, collusion or destruction of evidence. They should be arrested according to law, but the suspected crime should be based on Article 151, paragraph 3 of the Criminal Law. According to the regulations, it is recognized as the crime of smuggling goods prohibited by the country from import and export.

The main reason: the vaccine is a biological product and cannot leave the country without quarantine. The suspect's wrong understanding of the vaccine is true and false, and does not affect the establishment of smuggling intention; the smuggling crime can better evaluate the nature and harm of the case; the smuggling country prohibits it The statutory penalty for the crime of importing and exporting goods is heavier than the statutory penalty for the crime of illegal business operations, and the qualitative adjustment is in line with the general principle of "convicting and punishing in accordance with the heavier punishment.

  On December 25, 2020, the procuratorate decided to approve the arrest of criminal suspects Li, Chen, Yan and others.

Profit from high-priced vaccines

  The third and fourth cases are all suspected of illegal business operations.

  In the case of Chen's suspected illegal business operation, in October 2020, Chen's brother (handled in another case) purchased a batch of so-called "regular new crown vaccines."

Subsequently, Chen cooperated with others to sell at high prices, and commissioned village doctor Lin to vaccinate the purchaser in his residence and in his car.

As of December 2020, a total of more than 200 people have been vaccinated with more than 500 vaccines, and Chen and others have received 547,000 yuan.

  On December 22, 2020, some of the vaccinated people reported to the public security organs. The public security organs filed a case for investigation on the same day and captured Chen the next day.

After the incident, the public security agency seized 26 “new crown vaccines” at Chen’s residence. After traceability investigations, it was confirmed that these vaccines were all fake vaccines filled with saline.

On January 19, 2021, the public security agency asked the procuratorial agency to approve the arrest of Chen on suspicion of illegal business operations.

  The prosecutors’ examination found that although Chen did not know that the vaccine sold was a fake drug, he sold and provided vaccination services to an unspecified public without a drug business license, violating the Drug Administration Law’s “no drug business license” , Do not trade drugs", and the Vaccine Management Law "No unit or individual may conduct group vaccination without authorization."

Chen's behavior is suspected of illegal business operations, and may be sentenced to imprisonment or more, and Chen is to commit a crime with others, and is in danger of colluding or destroying evidence. He should be arrested according to law.

  On January 25, 2021, the procuratorate decided to approve the arrest of the suspect Chen.

  In the case of Wang Jia and Wang Yi suspected of illegal business operations, in September 2020, a certain place decided to implement an emergency vaccination plan for the autumn and winter new crown vaccination, with the principle of “priority for key populations and priority for epidemic areas”, and corresponding vaccination conditions were stipulated .

In mid-November, Wang Jia introduced and met the person in charge of the local hospital responsible for vaccination.

Wang Jia and Wang Yi agreed to arrange high-priced personnel who did not meet the requirements to the hospital for vaccination, taking the opportunity to make a profit.

Subsequently, Wang Jia released advertisements through WeChat groups to attract customers, and charged high fees to those in need.

For paying personnel, Wang Jia, through the company he controlled, forged a full set of vaccination documents such as the enterprise employee certificate, the certificate of going abroad for work, and the air ticket itinerary, and Wang Yi arranged for the vaccination in the hospital.

As of the beginning of December, Wang Jia and Wang Yi had collected fees from more than 300 people, and arranged for 241 of them to be vaccinated, with a profit of more than 400,000 yuan.

  On December 3, 2020, the public security agency discovered clues about Wang Jia and Wang Yi's crimes during their work, and decided to open a case for investigation, and arrested the two on December 6.

On January 5, 2021, the public security organs called Wang Jia and Wang Yi suspected of illegal business operations and requested the procuratorate to approve the arrest.

  The prosecutors’ examination found that Wang Jia and Wang Yi had forged emergency vaccination documents for new crown vaccines, reselled vaccination services, made huge profits and disrupted the epidemic prevention order. This behavior is no different from the behavior of reselling masks and other epidemic prevention materials at high prices. The degree of harm is even more serious, and the two people use their internal relationships to commit crimes, and the social impact is bad.

According to the Criminal Law, the two persons’ conduct is suspected of illegal business operations and may be sentenced to imprisonment or more. Moreover, their conduct involves multiple links and risks colluding confessions or destroying evidence. They should be arrested in accordance with the law.

  On January 12, 2021, the procuratorate decided to approve the arrest of suspects Wang Jia and Wang Yi.

  Beijing, February 10th