Article 141 Whoever produces or sells counterfeit drugs, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than 200% of the sales amount.

Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined not less than 50% but not more than two times the sales amount;

Whoever causes death or especially serious harm to human health shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined not less than 50% but not more than 2 times the sales amount or confiscated property.

Article 150 stipulates that if a unit commits the crime of producing and selling counterfeit drugs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the statutory punishment for the crime of producing and selling counterfeit drugs.

Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Producing and Selling Fake and Inferior Commodities

Article 3 A counterfeit drug produced or sold by a drug inspection institution set up or recognized by the drug supervision and administration department at or above the provincial level shall be deemed as "enough to seriously endanger human health" as stipulated in Article 141 of the Criminal Law if it is under any of the following circumstances:

1, containing excessive toxic and harmful substances;

2, does not contain the marked active ingredients, which may delay the diagnosis and treatment;

3, indications or functional indications beyond the prescribed scope, which may lead to delays in diagnosis and treatment;

4. Lack of 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, production and business premises, transportation, warehousing, mailing and other convenient conditions, or provides fake technology, shall be punished as * * * 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.

Extended data

Case: Lin Yongxiang and others 15 defendants sold counterfeit drugs, 1 1 was sentenced in the first instance.

Lianyungang Intermediate People's Court made a first-instance judgment on the case of Lin Yongxiang and others 15 defendants who filed a public prosecution against Lianyungang People's Procuratorate, found Lin Yongxiang and others 15 defendants guilty of selling counterfeit drugs, and sentenced them to prison terms ranging from three years and nine months to six years and six months respectively.

The defendant Wang Feng was sentenced to three years in prison, suspended for three years, and fined in different amounts; Exempt the defendant, Cao Xuanchang and Ma from criminal punishment; Defendant Wang Feng was forbidden to engage in drug sales activities during the probation period.

The court found through trial that the defendants Lin Yongxiang, Zhang Xu, Ma Qingzhi, Liu Yang, Zhang, Han Bailong, Li, He Yonggao, Lin Xiang, Wang Feng, Cao Xuanchang,.

Buy gefitinib tablets Geftinat (also known as Iressa), imatinib capsules (also known as Gleevec) and erlotinib tablets (also known as Trocquer) in large quantities through ANKIT in India or through others.

Drugs such as "Sorafenib Toluene Sulfonate Tablets" (also known as "Nesava") are sold to doctors and patients in China or through hospitals through the Internet. , the price is higher in China.

As recognized by the US Food and Drug Administration in Lianyungang, all the above drugs are marked with "Made in India by:NATCO", and the external packaging is not marked with the registration number of imported drugs, and the external packaging, labels and instructions are not marked with Chinese. The above-mentioned drugs imported by China from India were not found in the data query system of China Food and Drug Administration, and were imported without authorization.

Among them, the defendant Lin Yongxiang sold more than 3.5 million yuan; The defendant Zhang Xu sold more than 5.9 million yuan; The sales amount of defendant Ma Qingzhi was more than 4.3 million yuan; The defendant Liu Yang's sales amounted to more than 3.4 million yuan; Defendant Zhang's sales amount is * * * 1.9 million yuan;

Defendant Su Yu's sales amount is more than 265,438+10,000 yuan; The sales amount of the defendant Han Bailong is * * * 1.5 million yuan; Defendant Tang Ning's sales amount was more than 65,438 yuan +0.5 million yuan; Defendant Li's sales amount was more than 65,438 yuan +0.3 million yuan; Defendant He Yonggao's sales amount is more than 500,000 yuan; The defendant Lin Xiang sold more than 400,000 yuan;

Defendant Wang Feng's sales amount is more than 350,000 yuan; The sales amount of defendant Ma Qian is * * * 65438+ more than ten thousand yuan; The defendant Ma knew that the drugs sold by the defendant were imported from abroad without approval, but he still helped the defendant to transport and sell them. The defendant Cao Xuanchang's sales amounted to more than 50,000 yuan.

Baidu Encyclopedia-Crime of Producing and Selling Fake Drugs

China News Network-Lin Yongxiang and others 15 The defendant was sentenced in the first instance 1 1.