The selling of drugs is suspected of illegal business, and if the circumstances are serious, it constitutes the crime of illegal business. If you sell fake drugs, you are also suspected of the crime of selling fake drugs.
According to Article 225 of the Criminal Law, in violation of state regulations, one of the following illegal business practices, disturbing the market order, the circumstances are serious, shall be sentenced to less than five years of fixed-term imprisonment or detention, and impose or impose a single illegal income of more than double the following five times the fine; the circumstances are particularly serious, shall be sentenced to more than five years of fixed-term imprisonment, and impose the illegal income of more than double the following five times the fine or confiscation of property:?
(a) unauthorized operation of laws and administrative regulations provide for the monopoly, monopoly goods or other restrictions on the sale of goods;?
(ii) trading in import and export licenses, certificates of origin for import and export, as well as other business licenses or approval documents prescribed by laws and administrative regulations;?
(3) illegal operation of securities, futures, insurance business without the approval of the relevant state authorities, or illegally engaged in the funds payment and settlement business;
(4) other serious disruption of the market order of the illegal business behavior.?
Pharmaceuticals are special commodities, China's implementation of the franchise license system, operating without a license, that is, illegal. Any individual, including doctors, nurses, even if it is a specialist, as far as they are concerned, do not have the right to engage in the unauthorized sale of drugs.?
According to Article 4 of the Administrative Measures for Drug Business License In accordance with Article 14 of the Drug Administration Law, the opening of pharmaceutical wholesale enterprises shall comply with the requirements of the rational distribution of pharmaceutical wholesale enterprises in provinces, autonomous regions and municipalities directly under the Central Government, and comply with the following set of standards:?
(a) with regulations to ensure the quality of the drugs operated;?
(ii) the enterprise, the enterprise's legal representative or the person in charge of the enterprise, the person in charge of quality management without the circumstances stipulated in Article 76 and Article 83 of the Drug Administration Law;?
(iii) have a certain number of licensed pharmacists appropriate to the scale of operation. The person in charge of quality management has a university degree or above, and must be a licensed pharmacist;?
(d) has the ability to ensure that the quality of drug storage requirements, with its business varieties and scale of room temperature warehouse, cool warehouse, cold storage. Warehouse with special shelves suitable for the storage of drugs and the realization of drugs into the warehouse, transmission, sorting, shelves, out of the modern logistics system of devices and equipment;?
(E) has an independent computer management information system, can cover the purchase of drugs within the enterprise, storage, sales and operation and quality control of the whole process; can be comprehensively recorded business management and implementation of the "Drug Certification Practice" aspects of the information; in line with the "Drug Certification Practice" of the requirements of the various aspects of the drug business, and has the ability to realize the acceptance of the local (food) Drug regulatory department (agency) supervision conditions;?
(F) has in line with the "Drug Business Quality Management Code" on the drug business premises and auxiliary, office premises and warehouse management, quality and safety of drugs in the warehouse and the quality and safety of drugs in and out of the warehouse, in the warehouse storage and maintenance of the conditions.?
The state on the operation of narcotic drugs, psychotropic drugs, toxic drugs for medical use, preventive biological products otherwise provided, from its provisions.?
Article 5 of the opening of pharmaceutical retail enterprises, should be consistent with the number of local resident population, geographic area, traffic conditions and the actual needs of the requirements, in line with the principle of convenience of the public to purchase medicines, and in line with the following set of provisions:?
(a) with regulations to ensure the quality of the drugs operated;?
(ii) have qualified pharmacy technicians in accordance with the law;?
Prescription drugs, Class A non-prescription drug retail enterprises must be equipped with licensed pharmacists or other qualified pharmacy technicians. The person in charge of quality should have more than one year (including one year) experience in quality management of drug business.
Pharmaceutical retail enterprises operating Class B non-prescription drugs, as well as rural townships below the establishment of pharmaceutical retail enterprises, shall be in accordance with the provisions of Article 15 of the "Regulations for the Implementation of the Drug Administration Law" shall be equipped with business personnel, and where possible, shall be equipped with a licensed pharmacist.?
The above personnel shall be on duty during the business hours of the enterprise.?
(C) the enterprise, the enterprise's legal representative, the person in charge of the enterprise, the person in charge of quality without the circumstances set forth in Article 76 and Article 83 of the Drug Administration Law;?
(d) with the business premises, equipment, storage facilities and sanitary environment appropriate to the drugs being operated. Where a retail pharmacy is established within a supermarket or other commercial enterprise, it must have an independent area;?
(v) have the ability to be equipped to meet the needs of local consumers of medicines, and can guarantee a 24-hour supply. Drug retailers should have the number of varieties of national essential drugs by the provinces, autonomous regions, municipalities directly under the Central (food) Drug Administration in conjunction with the local situation to determine.
The state on the operation of narcotic drugs, psychotropic drugs, toxic drugs for medical use, preventive biological products otherwise provided for, shall be subject to its provisions.
The Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing the Prevention and Control of Outbreaks of Infectious Disease Epidemics and Other Disasters (effective as of May 15, 2003)?
Article 6 violates the state in the prevention and control of sudden outbreaks of infectious diseases and other disasters during the market operation, price management and other regulations, price gouging, profiteering, and seriously disrupting the market order, the amount of illegal income or other serious circumstances, in accordance with the provisions of Article 225 (4) of the Criminal Law, the crime of illegal business operation, and the heavier penalties in accordance with the law.
Expanded:
Buying "microbusiness group" to collect drugs and resell them at a high price to make a profit, a family gang on trial
By spending money to buy 100 "microbusiness group", Bai released information on the collection of drugs, together with his wife and three others to take a low price, resell the drugs at a high price. The way to collect drugs, high price resale, in less than half a year, illegal profits of more than 590,000 yuan. White received more than 20 kinds of drugs related to coronary heart disease, diabetes and other diseases, including four kinds of fake drugs.
On the morning of February 2, the defendant Bai and other four people suspected of illegal business crime, the sale of fake drugs case in Beijing Mentougou District People's Court hearing, the court four people pleaded guilty. According to Bai confessed, in March 2017, Bai and his wife Shan introduced by the intermediary, from Heilongjiang home to the city's Fengtai District, through the network advertising and other ways to meet the intermediary, and pay the "entrance fee", bought 100 "micro business group".
Some of these WeChat groups are named "small partners in medicine", some are called "high-end pharmacy networking circle", and there is even a "medicine exchange positive energy" group. White sent advertisements in the group, to obtain drug supply and demand information. In addition to this, Bai and his wife Shan also sent small cards on the street to collect drugs.
White said that most of the drugs in their hands by courier door-to-door collection, cash payment; shipments are anonymous, in the name of "daily necessities", through the Bond logistics goods, to be received by the next home after the goods, White then through the logistics company's collection of payment function to collect the stolen money.
In April 2017, due to "fierce market competition" in Fengtai District, the defendant Bai Mou and his wife Shan Mou moved to Mentougou District, Yongding Town, rented a bungalow for the storage of drugs. During this period, Bai's brother-in-law Wang Mou, cousin Shan Moumou also into the partnership, and through the acquisition of bulk drug boxes, replace the drug packaging, mailing courier, record the transaction bill and other ways to participate in the crime.
It is reported that the drugs involved include Polivir, Byzantium, Entecavir, Lipitor, Aspirin and many other drugs. In the seized books can be seen in the words "Lipitor 38 yuan", while in the regular drugstore, the treatment of coronary heart disease drugs priced at about 60 yuan.
August 2017 the case, law enforcement officers at the site of the seizure of 20 kinds of drugs, including four kinds of drugs were recognized as fake drugs, valued at 64,148 yuan, and the rest of the drugs valued at 14,166 yuan. It is understood that most of the drugs involved went to second- and third-tier cities in Shanxi, Hebei, Shaanxi and other provinces.
The victims were mostly patients with chronic diseases such as coronary heart disease and diabetes, who suffered from the high price of medicines, so they contacted the sellers online or were introduced by other patients to buy them. The case was not sentenced in court.
China's Chang'an Network - Purchase of "micro-merchant group" to collect drugs and resell them at high prices for profit A family gang on trial
Baidu Encyclopedia - Drug License Management Measures
Chinese Laws and Regulations Information Base - Criminal Law