When the crime of illegally selling special eavesdropping equipment is sentenced, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; The object of infringement is the management order of spy special equipment, which is a tool used by state security organs for secret reconnaissance and communication; Objectively speaking, it is illegal to produce and sell special spy equipment such as eavesdropping and stealing photos. According to the first paragraph of Article 283 of the Criminal Law, anyone who illegally produces or sells special equipment for spies or special equipment for eavesdropping or stealing photos shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Legal objectivity:
Article 141 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. The term "counterfeit drugs" as mentioned in this article refers to drugs and non-drugs that belong to counterfeit drugs and are treated as counterfeit drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC). Article 149 The production and sale of the products listed in Articles 141 to 148 of this section does not constitute the crimes specified in these articles, but those whose sales amount is more than 50,000 yuan shall be convicted and punished in accordance with the provisions of Article 140 of this section. Aggravated circumstances: whoever produces or sells the products listed in Articles 141 to 148 of this section, which not only constitutes the crime specified in each article, but also constitutes the crime specified in Article 140 of this section, shall be convicted and punished in accordance with the provisions of heavier punishment. Article 150 Where a unit commits the crimes specified in Articles 140 to 148 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished according to the provisions of these Articles. Judicial Interpretation Article 17 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases (Gao Jian Fa Zi [2008] No.36) [The case of producing and selling counterfeit drugs (Article 141 of the Criminal Law)] If it is suspected of one of the following circumstances, it shall be filed for prosecution: (1) It contains toxic and harmful substances exceeding the standard; (two) does not contain the marked effective ingredients, which may delay the diagnosis and treatment; (three) indications or functional indications beyond the prescribed scope, which may delay the diagnosis and treatment; (four) the lack of significant effective ingredients necessary for first aid; (5) Other circumstances that seriously endanger human health or cause serious harm to human health. The term "counterfeit drugs" as mentioned in this article refers to drugs and non-drugs that belong to counterfeit drugs and are treated as counterfeit drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC). Supplementary Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standard Provisions for Public Security Organs to Jurisdiction over Criminal Cases (I) [20 17] No.2 12. Article 17 of the Standard for Filing a Case for Prosecution (1) is amended as: [Case of Producing and Selling Fake Drugs (Article 141 of the Criminal Law)] Those who produce and sell fake drugs, but those who sell a small amount of drugs processed privately according to traditional folk recipes or a small amount of drugs imported from abroad without approval have not caused harm to others or delayed diagnosis and treatment, unless the circumstances are obviously minor and the harm is not great. For the purpose of producing and selling counterfeit drugs, one of the following circumstances belongs to "production" as stipulated in this article: 1. Synthesis, refining, extraction, storage, processing and treatment of pharmaceutical raw materials; (2) batching, mixing, preparing, storing and packaging the raw materials, auxiliary materials and packaging materials into finished products; (3) Printing packaging materials, labels and instructions. Medical institutions and staff of medical institutions knowingly provide counterfeit drugs to others for use, or purchase and store them for sale, which belongs to "sales" as stipulated in this article. The term "counterfeit drugs" as mentioned in this article refers to drugs and non-drugs that belong to counterfeit drugs and are treated as counterfeit drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC). If it is difficult to determine whether it belongs to counterfeit drugs, it can be identified according to the appraisal opinions and other related materials issued by the pharmaceutical supervisory and administrative departments at or above the municipal level. When necessary, it may entrust a drug inspection agency set up or determined by the drug supervision and administration department at or above the provincial level for inspection. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Drug Safety [20 14]No. 14 (22 September 2065438, the Supreme People's Court Judicial Committee 1 626th Meeting, 20 14, the 12th Procuratorial Committee of the Supreme People's Procuratorate/KLOC. The eighth meeting adopted and maintained the order of the pharmaceutical market. According to the provisions of the Criminal Law of People's Republic of China (PRC), some issues concerning the application of law in handling such criminal cases are explained as follows: Article 1: Production and sale of counterfeit drugs. (2) The counterfeit drugs produced and sold belong to narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, contraceptives, blood products and vaccines; (three) the production and sale of counterfeit drugs belong to injection drugs and emergency drugs; (4) Medical institutions and staff of medical institutions produce and sell counterfeit drugs; (five) the production and sale of counterfeit drugs to deal with natural disasters, accidents, public health incidents, social security incidents and other emergencies; (6) Having received administrative punishment or criminal punishment for illegal and criminal activities endangering drug safety within two years; (seven) other circumstances that should be given a heavier punishment as appropriate. Article 2 The production and sale of counterfeit drugs shall be deemed as "causing serious harm to human health" as stipulated in Article 141 of the Criminal Law under any of the following circumstances: (1) causing minor injuries or serious injuries to people; (2) Causing mild or moderate disability; (three) causing damage to organs and tissues, resulting in general dysfunction or serious dysfunction; (4) Other circumstances that cause serious harm to human health. Article 3 The production and sale of counterfeit drugs under any of the following circumstances shall be deemed as "other serious circumstances" as stipulated in Article 141 of the Criminal Law: (1) Causing a major public health emergency; (2) The production and sales amount is more than 200,000 yuan but less than 500,000 yuan; (3) The production and sales amount100,000 yuan but less than 200,000 yuan, and it falls under any of the circumstances specified in Article 1 of this Interpretation; (four) according to the time, quantity and type of the production and sale of counterfeit drugs. , should be serious. Article 4 The production and sale of counterfeit drugs under any of the following circumstances shall be deemed as "other particularly serious circumstances" as stipulated in Article 141 of the Criminal Law: (1) Causing serious disability; (2) Causing serious injury, moderate disability or organ and tissue damage to more than three people, resulting in serious dysfunction; (three) causing mild disability of more than five people or organ and tissue damage leading to general dysfunction; (four) causing minor injuries to more than ten people; (5) Causing major, especially major public health emergencies; (six) the production and sales amount is more than five hundred thousand yuan; (seven) the production and sales amount is more than 200 thousand yuan but less than 500 thousand yuan, and it has one of the circumstances stipulated in Article 1 of this interpretation; (eight) according to the time, quantity and type of the production and sale of counterfeit drugs. , should be identified as particularly serious. Article 5 Whoever produces or sells inferior drugs under any of the circumstances specified in Article 2 of this Interpretation shall be deemed as "causing serious harm to human health" as specified in Article 142 of the Criminal Law. Production and sale of inferior drugs, causing death, or under any of the circumstances specified in Items 1 to 5 of Article 4 of this Interpretation, shall be deemed as "especially serious consequences" as specified in Article 142 of the Criminal Law. Whoever produces or sells inferior drugs under any of the circumstances specified in Article 1 of this Interpretation shall be given a heavier punishment as appropriate. Article 6 Whoever commits any of the following acts for the purpose of producing and selling counterfeit drugs and inferior drugs shall be deemed as "producing" as stipulated in Articles 141 and 142 of the Criminal Law: (1) synthesizing, refining, extracting, storing and processing processed pharmaceutical raw materials; (2) batching, mixing, preparation, storage and packaging in the process of making pharmaceutical raw materials, auxiliary materials and packaging materials into finished products; (3) the act of printing packaging materials, labels and instructions. Medical institutions and their staff who knowingly provide fake or inferior drugs to others for use, or purchase or store them for sale shall be deemed as "sales" as stipulated in Articles 141 and 142 of the Criminal Law. Article 7 Whoever, in violation of the national drug administration regulations, illegally deals in drugs without obtaining or using a forged or altered Drug Business License, if the circumstances are serious, shall be convicted and punished for the crime of illegal business in accordance with the provisions of Article 225 of the Criminal Law. Whoever, in violation of state regulations, produces and sells non-pharmaceutical raw materials and auxiliary materials that do not meet medical requirements for the purpose of providing others with drugs for production and sales, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. The implementation of the preceding two paragraphs, the amount of illegal business is more than 100,000 yuan, or the amount of illegal income is more than 50,000 yuan, which shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount of illegal business is more than 500,000 yuan, or the amount of illegal income is more than 250,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law. Whoever commits the act in the second paragraph of this article, which also constitutes the crime of producing and selling fake and inferior products and endangering public security by dangerous means, shall be convicted and punished in accordance with the provisions of heavier punishment. Article 8 Whoever knowingly produces and sells counterfeit or inferior drugs shall be punished as * * * in any of the following circumstances: (1) Providing funds, loans, account numbers, invoices, certificates and licenses; (two) to provide production and business premises, equipment or transportation, storage, storage, mailing, online sales channels and other facilities; (3) Providing production technology or raw materials, auxiliary materials, packaging materials, labels and instructions; (4) the act of providing advertisements and other assistance. Article 9 Advertisers, advertising agents and publishers who use advertisements to make false propaganda on drugs in violation of state regulations, if the circumstances are serious, shall be convicted and punished for the crime of false advertising in accordance with the provisions of Article 222 of the Criminal Law. Article 10 Whoever commits the crime of producing and selling fake and inferior drugs, and at the same time constitutes the crime of producing and selling fake and inferior products, the crime of infringing intellectual property rights, the crime of illegal business operation, the crime of illegal medical practice, and the crime of illegal blood collection and blood supply. , convicted and punished in accordance with the provisions of heavier punishment. Article 11 Criminals who commit the crimes stipulated in this Interpretation shall be strictly suspended and exempted from criminal punishment in accordance with the conditions stipulated in the Criminal Law. Where probation is applied, a prohibition order shall be issued at the same time to prohibit criminals from engaging in drug production, sales and related activities during the probation period of probation. It is not considered a crime to sell a small amount of drugs processed privately according to the traditional folk formula, or to sell a small amount of drugs imported from abroad or abroad without approval, without causing harm to others or delaying diagnosis and treatment, if the circumstances are obviously minor and the harm is not great. Article 12 Whoever commits the crime of producing and selling counterfeit drugs shall generally be fined more than twice the amount of production and sales according to law. * * * The total amount of fines for each * * * joint crime shall be more than double the amount of production and sales. Article 13 Where a unit commits a crime as stipulated in this Interpretation, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the conviction and sentencing standards for crimes committed by natural persons as stipulated in this Interpretation. Article 14 If it is difficult to identify counterfeit drugs or inferior drugs as stipulated in Articles 141 and 142 of the Criminal Law, the judicial organ may identify them according to the identification opinions issued by the pharmaceutical supervisory and administrative department at or above the municipal level and other relevant materials. When necessary, it may entrust a drug inspection agency set up or determined by the drug supervision and administration department at or above the provincial level for inspection. Article 15 The production and sales amount mentioned in this Interpretation refers to the income from the production and sales of counterfeit and inferior drugs and all available illegal income. The "minor injuries" and "serious injuries" specified in Article 16 of this Interpretation shall be identified in accordance with the "Standards for Identification of the Degree of Human Injury". The "mild disability", "moderate disability" and "severe disability" specified in this Interpretation shall be assessed according to the relevant disability grade standards. Article 17 After the promulgation and implementation of this Interpretation, the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake Drugs and Inferior Drugs (Fa Shi [2009] No.9) shall be abolished at the same time; If the judicial interpretation and normative documents previously issued are inconsistent with this interpretation, this interpretation shall prevail. Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake and Inferior Commodities (Invalid) Article 3 If a fake drug produced or sold is identified by a drug inspection agency set up or determined by the pharmaceutical supervisory and administrative department at or above the provincial level, it shall be deemed as "enough to seriously endanger human health" as stipulated in Article 141 of the Criminal Law: (1) It contains excessive toxic and harmful substances; (two) does not contain the marked effective ingredients, which may delay the diagnosis and treatment; (three) indications or functional indications beyond the prescribed scope, which may delay the diagnosis and treatment; (four) the lack of significant effective ingredients necessary for first aid. The use of counterfeit drugs produced and sold, causing minor injuries, serious injuries or other serious consequences, shall be deemed as "causing serious harm to human health". If the use of counterfeit drugs produced and sold causes serious disabilities, and three people are seriously injured, more than ten people are slightly injured, or other particularly serious consequences are caused, it shall be deemed as "particularly serious harm to human health". Article 9 Whoever knows or should know that others commit the crime of producing and selling fake and inferior commodities, provides them with loans, funds, account numbers, invoices, certificates, licenses or facilities such as production and business premises, transportation, warehousing, mailing, etc., or provides counterfeit technology, shall be punished for committing the crime of producing and selling fake and inferior commodities. Article 10 Whoever commits the crime of producing and selling fake and inferior commodities, and at the same time constitutes other crimes such as infringement of intellectual property rights and illegal business operations, shall be convicted and punished in accordance with the provisions of heavier punishment. Article 11 Whoever commits the crimes specified in Articles 140 to 148 of the Criminal Law and refuses to investigate and deal with them by violence or threats, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes. Article 12 Any functionary of a state organ who participates in the crime of producing or selling fake and inferior commodities shall be given a heavier punishment. Those who constitute this crime and Article 140th "the crime of producing and selling fake and inferior products" shall be convicted and punished in accordance with the provisions of heavier punishment. (Article 149, paragraph 2, of the Criminal Law)