Harm to a number of issues to punish crime and drug safety, to protect people's lives and health and safety, to maintain order in the pharmaceutical market, according to "People's Republic of China Criminal Law" provisions, hereby apply for this type of criminal case the applicable law is explained as follows:
The first production, sales of counterfeit drugs, with one of the following circumstances, should be severely punished as appropriate:
(A) production and sales of fake drugs to pregnant women, infants, children or critically ill patients to use as the main object;
(B) the production and sale of counterfeit drugs belong to narcotic drugs, psychotropic substances, toxic drugs for medical use, radioactive drugs, contraceptive drugs, blood products, vaccines;
(C) the production and sale of counterfeit drugs belong injection drugs, emergency medicine;
(Iv) medical institutions, medical institutions, production staff, sales of counterfeit drugs;
(E) During natural disasters, accidents, disasters, public health incidents and social safety incidents and other emergencies, production and sales for counterfeit medicines to respond to emergencies;
Zengyin hazard within (six) years of drug safety criminal activities received administrative punishment or criminal punishment;
(Vii) shall, where appropriate, other aggravating circumstances.
The second production, sales of counterfeit drugs, with one of the following circumstances, shall be determined as specified in the provisions of Article forty-one "cause serious harm to human health":
(A) cause minor injuries or serious injury;
(B) cause a mild disability or moderate disability;
(3) causing tissue damage leading to organ dysfunction or severe general dysfunction;
(4) Other serious harm to human health caused by the situation.
Article production and sale of fake medicines, have one of the following circumstances, should be recognized as the provisions of Article forty-one "other serious circumstances":
(A) result in greater public health emergencies of;
(B) Production, sales amounted to two hundred thousand yuan more than 500,000 yuan;
(C) the production and sale of more than 100,000 yuan less than the amount of two hundred thousand yuan, and has one of the interpretation of the provisions of Article situations;
(D) According to production and sales of time, the number of counterfeit species, etc., should be recognized as serious cases.
Article production and sale of fake medicines, with one of the following circumstances, it shall be determined as specified in the provisions of Article forty-one "other especially serious circumstances":
(A) To the person with severe disability;
(B) causing serious injury of three or more, moderate disability or organ tissue damage leading to severe dysfunction;
(3) causing more than five people with mild disabilities or organ tissue damage caused by the general dysfunction;
(Iv) more than 10 people with minor injuries;
(5) causing significant, especially in the major public health emergencies;
(Vi) production, sales amount of more than 500,000 yuan;
(Vii) the production, the sales amount less than 200,000 to 500,000 and has one of the interpretation of the provisions of Article situations;
(H) according to the production and sales of time, the number of counterfeit species, etc., should be recognized as particularly serious.
Article production and sale of inferior quality, with one case of Article II of this interpretation, should be recognized as provisions of Article forty-two "cause serious harm to human health."
Production and sales of substandard drugs, causing death, or have one of the circumstances as prescribed in Article 4 of this interpretation of the first through fifth, shall be determined as specified in the provisions of Article forty-two "particularly serious consequences."
Production and sales of substandard drugs, having one of the first to explain the context of the present Article shall, where appropriate, punished severely.
Article VI of the production, sales fake, for the purpose of implementation of the following acts shall be regarded as the provisions of Article forty-one, Article 142 stipulated "production":
(A) synthesis, purification, extraction, storage, processing, pharmaceutical raw materials processing behavior;
(Ii) the pharmaceutical raw materials, auxiliary materials, packaging materials, finished products made from the process, ingredients, mixing, preparation, storage, packaging of conduct;
(C) printing of packaging materials, labels, brochures behavior.
Medical institutions, medical institutions, the staff knows to be fake, and paid to others for use or for sale, purchase, storage behavior, should be recognized as the provisions of Article forty-one, Article 142 provisions "sales."
Article VII of the State Drug Administration in violation of laws and regulations, without obtaining or using forged or altered drug business license, illegal business of drugs, the circumstances are serious, according to the provisions deemed to have committed twenty-five to be convicted and punished the crime of illegal business.
