1. Whoever produces or sells counterfeit drugs, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined not less than 50% but not more than two times the sales amount;
2. Whoever 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 be fined not less than 50% but not more than two times the sales amount;
3. Whoever causes death or especially serious harm to human health shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall be fined not less than 50% but not more than 200% of the sales amount or confiscated of property;
4. If a unit commits this crime, it shall implement the double penalty system, that is, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
How to punish the attempted manufacture and sale of counterfeit drugs;
1. The crime of producing and selling counterfeit drugs is attempted, and the attempted crime may be given a lighter or mitigated punishment according to the crime.
2. Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined;
3. Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined.
To sum up, the production and sale of inferior drugs is a serious illegal act, which has caused great harm to the health of society and the people. Therefore, we should strengthen the supervision and crackdown on drug production and sales to ensure public health and people's health and safety.
Legal basis:
Article 142nd of the Criminal Law of People's Republic of China (PRC)
Crime of producing and selling inferior drugs Whoever produces and 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 not less than 50% but not more than two times the sales amount; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50% but not more than 2 times the sales amount or his property shall be confiscated.
The term "inferior drugs" as mentioned in this article refers to drugs that are inferior drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC).