China News Service, March 4th. According to the website of the Supreme People's Procuratorate, on the morning of March 4th, the Supreme People's Procuratorate released 5 typical cases of procuratorial organs punishing crimes against drug safety in accordance with the law.
The person in charge of the Fourth Procuratorate of the Supreme People's Procuratorate said that since 2019, procuratorial organs at all levels across the country have jointly carried out special actions to implement the "four strictest" requirements for food and drug safety with market supervision and drug administration departments, and have increased the number of harmful drugs. The crackdown on security crimes has effectively played the role of legal deterrent.
In the past three years, it has approved the arrest of 2,485 people in 1,507 criminal cases of endangering drug safety, and prosecuted 6,537 people in 3,687 cases; it is recommended that the administrative organs transfer 312 criminal cases and 364 people, supervise the public security organs to file 202 cases, 230 people, correct 88 people who missed arrests, and correct missing accomplices 200 people, 81 people were corrected and transferred to prosecute omissions, and 27 procuratorial suggestions for improving work were put forward to relevant units.
"The typical case of procuratorial organs punishing crimes endangering drug safety in accordance with the law, and under the premise of cracking down on crimes endangering drug safety in accordance with the law, accurately applies the Amendment to the Criminal Law of the People's Republic of China (Eleven) and the Drug Administration of the People's Republic of China. The provisions of the Law reflect the spirit of the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Drug Safety" newly revised by the "two highs"." Five typical cases involved the production and sale of counterfeit drugs, hindering drug management, production and sales Counterfeit and shoddy products, drug trafficking and other crimes, some actively guide the investigation and collection of evidence to consolidate the evidence base; some prosecute omissions and omissions to crack down on the whole chain of crimes; some link public interest litigation to comprehensively protect the legitimate rights and interests of consumers; The interpretation of the case law and the promotion of law popularization have demonstrated the clear attitude of the procuratorial organs to severely punish crimes endangering drug safety in accordance with the law, and demonstrated the positive results of the procuratorial organs' participation in the comprehensive management of drug safety, with more prominent highlights and demonstration significance.
Typical cases of procuratorial organs punishing crimes endangering drug safety
The case of Yang Moumou and Jin Moumou selling counterfeit medicines
【Key words】
Crime of selling counterfeit drugs Subjective knowing public interest litigation Legal publicity
【Basic case】
From the beginning of 2019 to January 2020, the defendant Yang Moumou purchased the prescription drug "Poliver" hydrogen sulfate from informal channels at a price significantly lower than the market price in order to seek illegal benefits without the qualifications for drug business. Clopidogrel Tablets and "Lipitor" Atorvastatin Calcium Tablets were sold to Shanghai, Hubei, Shandong and other places across the country at an increased price through online channels.
During the period, the defendant Jin Moumou knew that the source of the above-mentioned drugs was unknown and might be counterfeit drugs, but he still took advantage of his professional advantages as a courier to help the defendant Yang Moumou in the work of packaging, sending and receiving drugs, and sending them, and added extra money from them. profit.
On January 8, 2020, the defendants Yang Moumou and Jin Moumou were arrested by the police, and the police seized 225 boxes of "Polyvi" clopidogrel hydrogen sulfate tablets, "Lippo" from the defendant Jin Moumou. "Too" Atorvastatin Calcium Tablets 382 boxes.
According to the inspection by Shanghai Food and Drug Inspection Institute, no clopidogrel hydrogen sulfate component was detected in the “Plavix” clopidogrel hydrogen sulfate tablet involved, and no atorvastatin was detected in the involved “Lipitor” atorvastatin calcium tablet. Calcium composition.
It has been determined by the Shanghai Chongming District Market Supervision and Administration Bureau that the above-mentioned products involved in the case all contain ingredients that do not conform to the ingredients prescribed by the state. According to the provisions of Article 98 of the Drug Administration Law of the People's Republic of China, they should be identified as counterfeit drugs. .
【After litigation】
On May 9, 2020, the Shanghai Railway Transportation Procuratorate prosecuted the defendants Yang Moumou and Jin Moumou for the crime of selling counterfeit medicines.
On May 27, 2020, the Shanghai Railway Transportation Court made a first-instance verdict. Defendant Yang Moumou was sentenced to two years in prison and fined RMB 4,000 for the crime of selling counterfeit medicines; defendant Jin Moumou was guilty of selling counterfeit medicines. He was sentenced to four months' detention, suspended for four months, and fined 4,000 yuan.
After the verdict was announced, the two defendants did not appeal, and the verdict has come into effect.
【Typical meaning】
(1) Accurately apply the law and effectively reveal the social harm of the counterfeit drugs involved.
"Plavix" clopidogrel bisulfate tablets are mainly used for the prevention and treatment of acute myocardial infarction, and "Lipitor" atorvastatin calcium tablets are used for the prevention and treatment of hypercholesterolemia, coronary heart disease and other diseases. Use under the guidance of a doctor.
However, the drug involved in this case has not been detected with relevant drug ingredients after inspection, which is a situation where the ingredients contained in the drug do not conform to the ingredients prescribed by the state.
Defendant Yang Moumou sold counterfeit medicines to many places across the country through online channels, causing serious social harm.
In order to further reveal the actual harmfulness of the counterfeit drugs involved, the procuratorial organs invited medical experts to issue expert opinions, further clarifying that the counterfeit drugs involved in the case have serious harms such as delaying the patient's condition and even endangering the safety of the patient's life.
(2) Strictly grasp the certification standards and comprehensively punish the crime of counterfeit drugs in accordance with the law.
In response to the subjective and knowing identification of the courier Jin Moumou, the procuratorial organ did not only determine according to the relevant confessions, but combined with Jin Moumou's long-term transportation of the fake drugs involved in the case, and has formed a close cooperative relationship with Yang Moumou, knowing that Yang Moumou has used it for a long time. Fake identity, the profit is much higher than the income from normal courier work, etc., it is comprehensively determined that he knows that Yang Moumou sells fake drugs.
As a courier practitioner, Jin Moumou, knowing that Yang Moumou was selling fake medicines, used his own advantages to help Yang Moumou to pack, send and receive fake medicines. Responsibility.
(3) Link public interest litigation to safeguard the legitimate rights and interests of consumers in an all-round way.
While handling the criminal case, the procuratorial organ carried out investigation and verification around the clues of the case's public interest litigation, and found that the express company where the defendant Jin worked had violated the law in terms of the acceptance inspection system and the enforcement of the regulations on the delivery of prohibited items, and the postal administration should deal with the case involved. The express delivery company imposes administrative penalties and fails to perform its duties in accordance with the law.
The procuratorial organs make full use of the pre-litigation supervision means of administrative public interest litigation to promote the administrative organs to perform their supervisory duties on drug transportation, and to promote the logistics enterprises to implement the real-name receipt and delivery management system, perform the responsibility of inspecting the delivered items, and curb illegal and criminal acts from the source.
(4) Launching legal popularization and extending the preventive effect of judicial case handling.
In order to further expand the effect of case handling and realize the organic unity of judicial case handling and law popularization propaganda, the procuratorial organs, relying on this case, produced a law popularization propaganda video to further reveal the harm of counterfeit drugs to consumers, and warned consumers not to be greedy for low prices. Choose informal channels to buy medicines, and then delay the disease.
The case of Meng Moujia and others producing and selling counterfeit medicines
【Key words】
The crime of producing and selling counterfeit medicines Impersonating other medicines as such medicines Subjective and knowingly linked to execution
【Basic case】
Defendant Meng Moujia has been operating the "Bone and Tendon Jing" Chinese medicine massage and recuperation project since 2016. His wife Zhang Moumou helped to prepare medicines, and his son Meng Mouyi was responsible for sales and training. In 2018 and 2020, Tang Moumou and Lu Moumou A has joined the project.
Without obtaining a drug production license or a drug business license, Meng Moujia purchased the drugs of the quasi-brand name of the national medicine and put them in the packaging bags and packaging bottles that were purchased privately, and affixed the labels containing the instructions for taking them and the contraindications of use. The finished products are called "Baibao Pills", "Gynecological Capsules", "Prostate Nei Tiao No. 1 and No. 2", "Shen No. 3" and "Xiandan", which are sold by way of consultation.
As of the incident, the sales amount of Meng Mou A, Zhang Mou Mou and Meng Mou B reached more than 110,000 yuan, Tang Moumou's sales amount was more than 8,000 yuan, and Lu Moumou's sales amount was more than 3,000 yuan.
After inspection by the Heze Food and Drug Inspection and Testing Institute, the Heze Market Supervision and Administration Bureau determined that the products involved in the case, "Baibao Pills" were faked with Huoxiangzhengqi Soft Capsules, "Shen No. "Prostate Nei Tiao No. 1 and 2" are fake Liuwei Dihuang Pills, "Fuke Capsule" is fake Fuyanling Capsule, and "Xiandan" is fake Yunnan Baiyao Insurance, all of which are fake drugs.
【After litigation】
On November 12, 2021, the People's Procuratorate of Heze Economic Development Zone, Shandong Province prosecuted Meng X A, Zhang X, and Meng B for producing and selling counterfeit medicines, and Tang X and Lu X for selling fake medicines.
On January 14, 2022, the People's Court of Heze Economic Development Zone made a first-instance verdict that Meng Moujia was guilty of producing and selling counterfeit medicines and was sentenced to one year and nine months in prison and a fine of RMB 150,000; Zhang Moumou was guilty of producing and selling counterfeit medicines. , the crime of selling counterfeit medicines, sentenced to one year and six months in prison, and a fine of RMB 100,000; Meng Mouyi guilty of producing and selling fake medicines, sentenced to one year in prison, and a fine of RMB 50,000; Tang Mouyi A person was sentenced to ten months in prison and a fine of RMB 20,000 for the crime of selling counterfeit medicines; Lu Moumou was sentenced to eight months in prison and a fine of RMB 10,000 for the crime of selling counterfeit medicines.
None of the defendants appealed, and the judgment has come into effect.
【Typical meaning】
(1) Accurately identify "counterfeit medicines" and punish the crime of producing and selling counterfeit medicines in accordance with the law.
The crime of producing and selling counterfeit medicines harms the health of the people and the safety of medicines, causing serious social harm and should be severely punished in accordance with the law.
Defendant Meng Moujia prepared medicines by directly changing the packaging and name of the purchased medicines of the quasi-brand name of Chinese medicine. Whether the medicines involved can be identified as counterfeit medicines is the key to this case.
The procuratorial organ reviewed that, first, the products involved contained pharmaceutical ingredients, and the defendant claimed to have therapeutic effects on specific diseases, and produced and sold them as "drugs".
Second, the products involved have not obtained a drug production license or business license.
The third is to pass off other drugs as such drugs, which may cause serious harm due to contraindications such as adaptation to symptoms, functions and indications, taking methods, and drug dosage, and there are indeed cases of patients experiencing physical discomfort after taking them. Combined with Heze City The opinions on the identification of counterfeit drugs issued by the Market Supervision Administration and the inspection report of the Heze Food and Drug Inspection and Testing Research Institute, according to the provisions of Article 98, paragraph 2, item 2 of the Drug Administration Law, comprehensively determined that the products involved belong to "other drugs." counterfeit such drugs” shall be identified as counterfeit drugs.
(2) According to the law, it is determined that the defendant is subjective and knowing, so as to ensure the effect of the accusation.
To determine the subjective intention of an actor, a comprehensive judgment and determination shall be made based on facts such as work experience, cognitive ability, purchase channels and prices.
In response to Tang and Lu's claims that they did not subjectively know that the drugs they were selling were counterfeit drugs, the procuratorial organ reviewed that, from the point of view of business qualifications, Tang and Lu had no qualifications for drug business, and they did not have any complaints against Meng. Person X conducts relevant qualification review, that is, purchases medicines from Meng X A and sells them externally, and fails to fulfill the review obligations; from the perspective of product packaging, the outer packaging of the medicine prepared by Meng X A has no production date, production address, ingredient information, The production batch number only shows the name, method of use and some simple contraindications, which does not conform to ordinary people's cognition of regular drugs.
Based on the above circumstances, it is determined that the two persons have subjective knowledge that the drugs they sell are counterfeit drugs, which constitutes the crime of selling counterfeit drugs.
(3) Strengthen the connection between executions and actively guide the investigation and collection of evidence.
After the market supervision department discovers the clues of the suspected counterfeit drug case, it will consult the procuratorial organs to provide assistance in the research and judgment of the clues and the characterization of the case, and transfer them to the public security organs in a timely manner.
The procuratorial organs immediately dispatched the backbone of the case, and jointly studied and judged clues with law enforcement officers on many occasions to ensure that the law was applied to the accurate determination of the facts.
After the public security organs filed the case, the procuratorial organs quickly dispatched personnel to intervene in the investigation, guided the public security organs to comprehensively collect evidence, obtained business licenses, registration information, etc., to find out whether the suspect had obtained the qualifications for drug production and operation, and entrusted the drug inspection agency to investigate the seized suspected drugs. Conduct quality inspections, conduct electronic data surveys on seized mobile phones, and collect evidence such as witness testimony and victim statements in a timely manner to confirm subjective knowledge and the amount involved.
By actively guiding the investigation, a solid evidence foundation has been laid for the smooth conduct of criminal proceedings.
The case of Wang Moumou and others obstructing drug administration
【Key words】
Crime of obstructing drug administration Failure to obtain drug approval documents Sufficient to seriously endanger human health Guidance for evidence collection
【Basic case】
From August 2009 to August 2019, the defendant Wang Moumou and others contacted by telephone to sell "Zhang's Muscles and Bones" and "Compound Chuanling Dingchuan Capsules" to Hunan, Chongqing, Jiangxi and other places without obtaining any relevant drugs. The sales amount of the drugs produced with the approval documents is more than 2.38 million yuan.
During the period, from June to August 2019, Luo Moumou, a postman of the defendant's logistics company, knew that Wang Moumou and others were consigning the above-mentioned drugs, and together with the defendant Xue Moumou, helped to mail and sell the drugs, with a total sales amount of more than 230,000 yuan.
According to the inspection by the Henan Provincial Food and Drug Inspection Institute, the "Zhang's Jingu Yitong" capsule involved in the case detected chemicals such as ibuprofen, diclofenac sodium, and indomethacin; "Compound Chuanling Dingchuan" capsule detected theophylline, acetic acid Chemical drugs such as prednisone.
It was determined by the Puyang Market Supervision and Administration Bureau that the long-term use of the drugs involved is enough to endanger the health of the patients.
【After litigation】
On August 10, 2020, the People's Procuratorate of Hualong District, Puyang City, Henan Province prosecuted Wang Moumou and other three people.
On June 22, 2021, the People's Court of Hualong District, Puyang City made a first-instance judgment, finding Wang Moumou and other three persons guilty of obstructing drug management, sentenced Wang Moumou to two years and ten months in prison and a fine of RMB 200,000; Luo Moumou was sentenced to one year and ten months in prison and fined RMB 20,000; Xue Moumou was sentenced to one year and seven months in prison and was fined RMB 10,000.
None of the defendants appealed, and the judgment has come into effect.
【Typical meaning】
(1) Accurately determine the degree of harm of the drugs involved to human health, and severely punish crimes that endanger drug safety in accordance with the law.
The medicines sold by Wang Moumou and others claim to be mainly for rheumatic asthma, and have been tested to contain a variety of chemical ingredients.
The above-mentioned chemical drugs have strict regulations on the dosage or method of use. Some of them are prescription drugs with incompatibility, and some are mainly administered by inhalation in the treatment. They need to be administered under the guidance of a doctor. It will cause organ damage or delay disease treatment, induce or aggravate the disease, and endanger the patient's health.
The sale of such drugs not only seriously disrupts the normal drug management order, but may also cause serious consequences such as delaying diagnosis and treatment, aggravating the disease, and even endangering the life of patients.
The procuratorial organs strictly crack down on such criminal acts in accordance with the law, effectively deter illegal and criminal activities that endanger drug safety, and effectively safeguard drug safety and the lives and health of the people.
(2) Timely change the way of thinking of determination and consolidate the evidence base for conviction and sentencing.
During the investigation stage, according to Article 48 of the Drug Administration Law before the revision, the Puyang Municipal Market Supervision and Administration Bureau believed that the drug involved was "unauthorized for production that must be approved in accordance with this law", and made a determination that it was "treated as a counterfeit drug".
Entering the stage of review and prosecution, the revised Drug Administration Law has adjusted the scope of counterfeit drugs, deleted the situation of "discriminate as counterfeit drugs", and the drugs involved can no longer be identified as "counterfeit drugs".
In view of the fact that Wang Moumou and others in this case sold drugs that they knew without obtaining the relevant drug approval documents, the procuratorial organs promptly changed the way of charging and required the public security organs, market supervision departments, and drug inspection and testing institutions to conduct investigations on the harmfulness of taking the drugs involved. After argumentation, it came to the conclusion that the drugs involved were "sufficient to seriously endanger human health", and finally found that Wang Moumou and others constituted the crime of obstructing drug administration, which was supported by the court.
(3) Actively guide the investigation and collection of evidence, and accurately determine the amount of crime involved.
When the public security organ transferred the indictment, it was determined that the amount of Wang Moumou’s crime was more than 900,000 yuan, and Wang Moumou always refused to admit that he sold the drugs involved in the case, arguing that the bank card with the account name of Meng Moujia was found by him. Withdraw once.
The procuratorial organs guided the public security organs to supplement the collection of the transaction records and withdrawal vouchers of Meng X A’s bank card number before the change, and to identify the handwriting of the payer’s signature, and found out that the bank card had been used by Wang X to sell the drugs involved in the case since the account was opened. In the end, it was determined that Wang Moumou's crime amounted to more than 2.3 million yuan, which laid a solid foundation for accurate conviction and sentencing.
The case of Wu and others producing and selling fake and shoddy products
【Key words】
Crime of producing and selling fake and shoddy products Determination of inferior drugs Civil public interest litigation incidental to crime Punitive damages
【Basic case】
At the end of August 2018, the defendant Wu Mou took advantage of his position as the deputy director of the fifth laboratory of the drug research and development center of Z Pharmaceutical Company to intercept the raw material drug of Anlotinib hydrochloride, which was submitted for inspection by the laboratory, and asked the company's colleagues for the drug prescription and raw materials. Drugs and capsule shells with trademarks, online shopping of auxiliary drugs, imitating trademark logos, and unauthorized production of the company's patented anti-cancer drug Anlotinib hydrochloride capsules for external sales.
Later, the defendant Wu Mou prepared 8mg and 4mg Anlotinib hydrochloride capsules for sale with a fake 12mg content, and sold 422 bottles in total, with a sales amount of more than 820,000 yuan.
Defendant Wu Moujie, as Wu Mou's girlfriend, knew that she was preparing medicines privately, but still helped Wu Mou to purchase pharmaceutical supplies online, contacted express delivery, provided her personal and relatives' WeChat payment code to collect and keep the sales money, and participated in the sales amount of more than 440,000 yuan Yuan.
On March 27, 2019, the public security organs seized 31 bottles of drugs involved in the case from Wu.
After inspection by the Lianyungang Food and Drug Inspection and Testing Center of Jiangsu Province, the drug content uniformity and the content of anlotinib hydrochloride did not meet the standard requirements, and the Lianyungang City Market Supervision and Administration Bureau identified the drug as an inferior drug.
【After litigation】
On December 26, 2019, the People's Procuratorate of Haizhou District, Lianyungang City, Jiangsu Province prosecuted the defendants Wu Mou and Wu Moujie for the crime of producing and selling fake and shoddy products; based on the fact that the drugs involved violated the right to know and the right to health of unspecified consumers and other legitimate rights and interests, and filed a criminal incidental civil public interest lawsuit against Wu Mou and Wu Moujie.
On November 26, 2020, the Haizhou District People's Court made a first-instance judgment, and sentenced the defendant Wu Mou to eight years in prison and a fine of 420,000 yuan for the crime of producing and selling fake and shoddy products; He was sentenced to three years in prison, suspended for five years, and a fine of RMB 230,000.
The defendant Wu Mou paid more than 2.29 million yuan in compensation, and the defendant Wu Moujie was jointly and severally liable for the more than 1.32 million yuan; the defendants Wu Mou and Wu Moujie publicly apologized to the public in the national media.
After the defendant Wu appealed, the Lianyungang Intermediate People's Court ruled in the second instance that the appeal was rejected and the original judgment was upheld, and the judgment has come into effect.
【Typical meaning】
(1) Severely crack down on the crime of manufacturing and selling counterfeit and shoddy drugs in accordance with the law, and safeguard the safety of people's medication.
Procuratorial organs earnestly implement the "four strictest" requirements for food and drug safety, and severely crack down on drug crimes in accordance with the law.
In this case, the criminal procuratorial department handling the drug-related crime case actively cooperated with the public interest litigation procuratorial department, filed a criminal incidental civil public interest lawsuit, required the responsible party to bear three times the punitive damages, and made an apology to the public in the national media. Large illegal costs, to achieve effective deterrence.
At the same time, it will openly convey to the society the "severest punishment" for crimes endangering drug safety, and guide practitioners to respect the law and not exceed the bottom line of drug safety.
(2) Strengthen the judgment of the substantial efficacy of drugs, and accurately apply the law to the manufacture and sale of counterfeit and inferior drugs.
The 2019 Drug Administration Law adjusted the scope of substandard drugs, deleted the situation of treating substandard drugs, and emphasized the judgment of substantive efficacy.
When examining the nature of a drug, the procuratorial organ may, based on the inspection report of the inspection agency and the determination opinion of the administrative department, substantively examine and determine the inferior drug.
For the conviction and sentencing of the production and sale of fake and shoddy drugs, a comprehensive evaluation should be made in light of the nature of the drugs involved and the consequences of the case.
For the drug involved in the case, if the content of the relevant ingredients does not meet the drug standards and is identified as inferior drug, it should also examine whether there is any evidence of serious harm to human health.
The production or sale of inferior medicines does not cause serious harm to human health, and does not constitute the crime of producing and selling inferior medicines. Product crime conviction and punishment.
(3) Adhere to both attack and protection, and help high-tech enterprises plug loopholes in intellectual property protection and management.
The production and sale of counterfeit and shoddy products such as counterfeit drugs and substandard drugs not only endanger the patients' right to life and health and the right to know, but also infringe the economic benefits and social reputation of patent drug R&D companies due to low-price dumping and reduced efficacy, which is not conducive to the industry. technological innovation and good development.
In this case, while cracking down on the crime of producing and selling fake and shoddy products, the procuratorial organs have issued Procuratorial Recommendations and Legal Risk Reminders for the problems and loopholes in intellectual property protection and modern management systems exposed in the operation and management of the enterprises involved. Help enterprises establish rules and regulations, long-term operation, improve the level of intellectual property protection and modernization of business management capabilities, and effectively safeguard the legitimate rights and interests of enterprises.
Chen's case of trafficking in narcotic drugs
【Key words】
Drug Trafficking National Controlled Narcotic Drugs
【Basic case】
Defendant Chen, a general surgeon at a hospital in Shanghai, met Yin in 2012 after performing surgery on him, and later learned that Yin was addicted to sufentanil (a state-controlled narcotic drug). Use this drug in large quantities.
From 2015 to 2017, Chen lied to several anesthesiologists in our hospital that his relatives and friends had cancer and needed analgesics, and repeatedly obtained more than 1,000 bottles of sufentanil injections (each bottle containing sufentanil) from the above-mentioned doctors in violation of regulations. Taini 50 micrograms, a total of 0.05 grams, equivalent to 2 grams of heroin), was provided to Yin for use, and illegal profits of more than 3.1 million yuan were made.
【After litigation】
On March 24, 2020, the People's Procuratorate of Shanghai Pudong New Area prosecuted the defendant Chen Mou for the crime of drug trafficking.
On October 30, 2020, the Shanghai Pudong New Area People's Court made a first-instance verdict that the defendant, Chen Mou, was sentenced to four years in prison and fined for the crime of drug trafficking.
After the verdict was announced, the defendant Chen Mou did not appeal, and the verdict took effect.
【Typical meaning】
(1) State-controlled narcotics may constitute "drugs" in the sense of criminal law.
State-controlled narcotic drugs and psychotropic substances have clinical therapeutic value and can be used as drugs under strict management and use conditions. Therefore, when used for legitimate purposes such as medical treatment and scientific research, they are drugs, but they are used to satisfy drug addiction. , it is a drug.
According to the "Regulations on the Administration of Narcotic Drugs and Psychotropic Substances" and other relevant laws, the drug "sufentanil" involved in the case is listed in the "Catalogue of Narcotic Drugs" formulated by the drug regulatory department of the State Council. It is a state-controlled narcotic drug. Addictive use can constitute a drug in the sense of criminal law.
(2) The act of providing a large amount of narcotic drugs to drug addicts has a bad social impact and should be severely punished in accordance with the law.
Defendant Chen, as a medical staff, seriously trampled on the bottom line of practice, knowing that "sufentanil" is a narcotic drug controlled by the state that can cause people to become addicted. The "sufentanil" defrauded by the staff has been provided to drug addicts in large quantities for many times, which constitutes the crime of drug trafficking in accordance with the law, and the crime is serious and should be severely punished.
(3) Accurately identify the crime involved, and ensure that the culpability and punishment are appropriate.
The act of providing narcotic drugs and psychotropic drugs controlled by the state to people who smoke or inject drugs that can make people addicted, constitutes the crime of illegally providing narcotic drugs or psychotropic drugs or the crime of drug trafficking, which needs to be judged based on the specific circumstances of the case.
The crime of illegally supplying narcotic drugs and psychotropic drugs consists of special subjects, namely those who are engaged in the production, transportation, management and use of narcotic drugs according to law, while the crime of drug trafficking consists of general subjects.
In this case, the defendant Chen Mou is a general surgeon of the hospital, and he is not a person engaged in the production, transportation, management, and use of state-controlled narcotic drugs and psychotropic drugs in accordance with the law. After defrauding the “sufentanil” involved in the case and providing it to drug addicts for a fee, it should be determined that it constitutes the crime of drug trafficking.