1. The act of fabricating facts or concealing the truth for the purpose of illegal possession to defraud a large amount of public or private property.
2. Drugs are special commodities. It is illegal to operate without a license.
No individual, including doctors and nurses, even experts, has the right to engage in drug trading without authorization.
In order to strengthen the protection of people's life, health and safety, relevant laws and regulations have changed the crime of selling counterfeit drugs from dangerous crime to behavioral crime, which has intensified the crackdown on the manufacture and sale of counterfeit drugs. Protecting citizens' life, health and legitimate interests is in a dominant position, while maintaining order is in a subordinate position, with the aim of better protecting individuals' legitimate interests. The identification of counterfeit drugs should be based on whether the drug has real curative effect, not just on whether it has obtained the batch number of the drug supervision department in form. The production and sale of counterfeit drugs not only seriously endanger the life, health and safety of the public, but also greatly undermine the normal order of the drug market.
First, how to punish reselling drugs?
1. It is illegal for an individual to resell drugs, which may disrupt the market order and constitute a crime if the circumstances are serious.
2. To ban the illegal acts of selling drugs by individuals according to law, and confiscate the illegally produced and sold drugs and illegal income.
3, illegal production and sale of drugs (including sold and unsold drugs) fifteen times more than thirty times the fine; If the value of the goods is less than100000 yuan, it shall be calculated as100000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Second, the identification criteria for selling counterfeit drugs
1prohibited by the State Council drug supervision and administration department;
2. Production and import that must be approved in accordance with regulations without approval, or sales that must be inspected without inspection in accordance with the provisions of this Law;
3. it has deteriorated;
4. being polluted;
5. Producing raw materials that must obtain the approval number according to the provisions of this Law, but have not obtained the approval number;
6 indications or functional indications beyond the prescribed scope.
Providing loans, funds, account numbers, invoices, certificates, licenses, production and business premises, transportation, warehousing, storage, mailing and other convenient conditions for others who know or should know that they commit the crime of producing and selling counterfeit drugs. , or provide fake medicine production technology, to * * * the crime of producing and selling fake medicine.
Legal basis:
People's Republic of China (PRC) Drug Administration Law
Article 48
Drug packaging should meet the quality requirements of drugs and be convenient for storage, transportation and medical use. Chinese herbal medicines should be packed when transported. Each package shall be marked with the name, place of origin, date and supplier, and shall be accompanied by a quality conformity mark.
Criminal law of the people's Republic of China
Article 225
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business.
(four) other illegal business activities that seriously disrupt the market order.