I. Overview of precedents
In a recent case of obstruction of drug supervision, the defendant Li produced and sold a batch of unapproved drugs without obtaining the Drug Production License. After investigation, these drugs not only have quality problems, but also may cause serious harm to human health. Li's behavior seriously violated the national drug administration regulations and disturbed the order of the drug market, and was investigated for criminal responsibility according to law.
Second, the case analysis
In this case, Li's behavior involved many aspects of drug management violations. First of all, he engaged in drug production activities without obtaining a drug production license, which violated the drug production license system. Secondly, the drugs he sells have not been approved, which may have potential safety hazards and violate the drug registration and approval system. In addition, Li is also suspected of false propaganda, exaggerating the efficacy of drugs and other illegal acts, misleading consumers and harming public interests.
Third, the application of the law.
According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the crime of obstructing drug administration refers to a serious act that violates the national drug administration regulations and hinders the production, sale and use of drugs. In this case, Li's behavior meets the constitutive requirements of the crime of obstructing drug management, and he should be investigated for criminal responsibility according to law.
Fourth, the verdict
After trial by the court, the defendant Li was found guilty of obstructing drug administration, sentenced to fixed-term imprisonment and fined. At the same time, the court also ordered Li to return the illegal income and destroy the drugs involved in order to maintain the safety and order of the drug market.
To sum up:
The crime of obstructing drug administration is a serious crime, which has a serious impact on the safety and order of the drug market. In this case, the defendant Li Yin was investigated for criminal responsibility for producing and selling unapproved drugs without obtaining a drug production license. This case shows that the state will crack down on illegal drug business to safeguard public interests and the healthy development of the drug market.
Legal basis:
Criminal law of the people's Republic of China
Article 14 1 stipulates:
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; 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; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
People's Republic of China (PRC) Drug Administration Law
Article 73 provides that:
Without obtaining the Pharmaceutical Production License, Pharmaceutical Trading License or Pharmaceutical Preparation License for Medical Institutions, those who produce and sell drugs shall be banned according to law, the illegally produced and sold drugs and illegal income shall be confiscated, and the illegally produced and sold drugs (including sold and unsold drugs, the same below) shall be fined between two times and five times; If a crime is constituted, criminal responsibility shall be investigated according to law.