1, illegal operation of medical equipment crime filing standards is, the sale of knowingly does not meet the national standards to protect human health, industry standards of medical equipment, and to a sufficient degree to seriously endanger human health. Meet the illegal operation of medical equipment crime filing conditions, the public security organs will file a case to pursue its criminal responsibility.
2, the legal basis: "Chinese People's **** and State Criminal Law" Article 145
Production, sales of substandard sanitary equipment crime production does not meet the national standards for the protection of human health, industry standards of medical equipment, medical sanitary materials, or sales of medical equipment, medical sanitary materials, knowingly not in line with national standards for the protection of human health, industry standards, enough to seriously endanger human health, the public security organs will pursue criminal liability. Enough to seriously jeopardize human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined not less than fifty percent of the sales amount and not more than two times the amount of the fine; if it causes serious harm to human health, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall be fined not less than fifty percent of the sales amount and not more than twice the amount of the fine; if the consequence is particularly serious, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall be fined not less than fifty percent of the sales amount or two times the amount of the fine or confiscated property. two times the fine or confiscation of property.
Second, the production and sale of medical equipment does not meet the standard of the elements of the crime
1, the object element. Violation of the object for the complex object. Its main object is the state's specialized management system for medical supplies, secondary object for public **** safety. Punishment of the crime focuses on the protection of the unspecified majority of people's physical health and life safety, that is, only after the emergence of a certain harm to society results in the production and sale of substandard sanitary equipment can constitute the crime. If only the production, sale, purchase, and use behavior, and did not cause harmful results not to the production, sale of substandard sanitary equipment crime. Then, its violation of the main object shall be public **** safety. Because even if it did not cause the actual harmful results, but its production, sale, purchase and use of behavior has been a serious damage to the specialized management system of medical supplies. However, the Criminal Law of the People's Republic of China does not treat this as a crime. Visible in the specialized management system of medical supplies and public **** safety of the two, the legislator is obviously more inclined to protect the latter;
2, the objective elements. In the objective aspect of the performance:
(1) the perpetrator knows is not in line with the national standards for the protection of human health, industry standards for medical devices, medical and health materials and production, sales;
(2) or medical institutions or individuals, know or should know that is not in line with the national standards for the protection of human health, industry standards for the purchase of medical devices, medical and health materials and the use of, and to the Serious harm to human health behavior.
3, the main elements. The subject is the general subject, including both units and individuals. Including producers, sellers, including the purchase and use;
4, subjective elements. Can only be constituted by intentional.