Harmful to drug safety! Five typical cases of the Supreme Court's release

Today, the Supreme People's Court released a batch of typical cases of crimes endangering drug safety. The five cases announced this time involve different types of drugs such as imported drugs, vaccines, medical beauty drugs, special disease drugs, and over-the-counter drugs in the field of dentistry, including typical criminal methods such as cybercrime, counterfeit disinfectant products, and medical insurance fraud, which have certain representativeness.

Drug safety is related to the physical health and safety of the people, the national economy and people's livelihood, and the overall stability of society. From 2013 to 2022, courts across the country concluded more than 28000 first instance criminal cases related to the crime of producing, selling, and providing counterfeit drugs, the crime of producing, selling, and providing inferior drugs, and the crime of obstructing drug management, with over 38000 judgments.

Case of Huang Moulin and others producing and selling counterfeit drugs

Using non pharmaceutical products such as chili oil to produce medicines such as Huangdaoyi Huoluo oil

Starting from December 2019, the defendant Huang Moulin purchased production equipment and raw materials such as medicine, empty bottles, bottle caps, and labels from Guangdong, Jiangsu, and other places through the internet. He hired Lu Mourong, Ke Moulai, Zhang Mouhui, Zhang Mouhua, Lin Moujuan, and others to use non pharmaceutical ingredients such as chili oil and heat agents to fill and produce counterfeit Huangdaoyi Huoluo oil, Shuangfeiren medicine, and incomparable drops in Putian City, Fujian Province. Later, he sold them at a significantly lower price than the original product through e-commerce platforms for profit, with a total sales amount of over 6.39 million yuan and a profit of over 400000 yuan.

From December 2019 to May 2020, the defendant Ke Mouyun, knowing that the defendant Huang Moulin produced and sold fake drugs, still filled, labeled and packaged Huang Daoyi Huoluo Oil together with Huang Moulin, registered an online store with his own identity information and was responsible for customer service, provided his own identity information and registered Alipay account to collect money for Huang Moulin's purchase of raw materials and sale of fake drugs, with a total sales amount of more than 3.08 million yuan.

According to the Market Supervision and Administration Bureau of Putian City, the five products involved in the case, namely Huangdaoyi Huoluo Oil, Shuangfei Ren Yao Shui, Dingdi, Liquid Dingdi S2a, and Liquid Dingdi Baby, are all counterfeit drugs.

Judgment result:

The People's Court of Xiuyu District, Putian City, Fujian Province, and the Intermediate People's Court of Putian City, after trial, found that the defendants Huang Moulin and Ke Mouyun produced and sold fake drugs, and the circumstances were particularly serious, and their actions constituted the crime of producing and selling fake drugs. Ke Mouyun played a secondary and auxiliary role in the joint crime with Huang Moulin, and was an accomplice. Based on his circumstances and role, he will be given a mitigated punishment in accordance with the law. Huang Moulin and Ke Mouyun both plead guilty and accept punishment.

Accordingly, the defendant Huang Moulin was sentenced to 12 years in prison and fined RMB 11 million for the crime of producing and selling counterfeit drugs; Sentence the defendant Ke Mouyun to three years imprisonment and a fine of RMB 500000.

Case of Yan selling counterfeit and inferior products

Split the quadrivalent human papillomavirus vaccine and sell it to recipients

From April 2020 to May 2021, the defendant Yan served as the head of the planned immunization department at a community health service center in Dunhua City, Jilin Province, responsible for the sales, vaccination, and management of the quadrivalent human papillomavirus vaccine. In order to obtain illegal benefits, Yan split one sufficient dose of the 450 quadrivalent human papillomavirus vaccines he was responsible for selling and administering into 2 to 4 doses by extracting the original solution. The split vaccine was approximately 0.1 milliliters per dose. Afterwards, Yan sold the split quadrivalent human papillomavirus vaccine to 306 recipients at a price of 2448 yuan per person, with a total sales amount of over 740000 yuan. Yan used the illegally collected vaccine funds to repay loans and daily expenses. After the incident, Yan turned over more than 700000 yuan in illegal gains.

Judgment result:

The People's Court of Dunhua City, Jilin Province, after trial, found that the defendant Yan split the quadrivalent human papillomavirus vaccine for the purpose of illegal profit, and sold unqualified vaccines to recipients by impersonating qualified vaccines, with a sales amount of over 740000 yuan. His behavior has constituted the crime of selling counterfeit and inferior products. Yan confessed to the crime and voluntarily surrendered some of his illegal gains.

Accordingly, the defendant Yan was sentenced to eight years and four months in prison and fined RMB 500000 for the crime of selling counterfeit and inferior products.

Case of Zhang and others producing and selling counterfeit drugs

Selling counterfeit botulinum toxin using "freeze-dried powder"

From November 2016 to January 2017, the defendants Zhang Mousong and Zhang Moulin brothers illegally profited by changing the packaging of the purchased naked bottles of "freeze-dried powder" in Guangzhou, Guangdong Province and counterfeiting different brands of botulinum toxin. They sold a total of 13060 bottles to Yuan Moulan and others multiple times at a price of 15 yuan per bottle. After the incident, the public security organs confiscated a total of 25090 products involved from the two defendants. After investigation, the total production and sales amount of the two defendants is over 570000 yuan. According to the inspection conducted by the China Institute for Food and Drug Control, no A-type botulinum toxin component was detected in the products involved.

Judgment result:

The People's Court of Linwei District and the Intermediate People's Court of Weinan City, Shaanxi Province, after trial, found that the defendants Zhang Mousong and Zhang Moulin violated drug management regulations by producing and selling fake drugs, and the circumstances were particularly serious. Their actions have both constituted the crime of producing and selling fake drugs.

Accordingly, the defendant Zhang Mousong was sentenced to 12 years imprisonment and a fine of RMB 700000 for the crime of producing and selling counterfeit drugs; Sentence the defendant Zhang Moulin to eleven years imprisonment and a fine of RMB 500000.

Case of Yang and Cai concealing and concealing criminal gains

Illegal acquisition and sale of medical insurance fraud drugs

From 2017 to December 2020, the defendant Yang, in order to seek benefits, purchased Bailing Capsules and Kaitong Compound at a low price from the defendants Cai and Huang, a special disease patient, who used medical insurance fraud to purchase them α- Ketonic acid tablets, uric acid clearing granules and other special disease drugs were later sold at an additional price to Jiang from a certain pharmaceutical company in Chongqing. Yang sold over 24 million yuan worth of drugs and illegally profited 700000 yuan.

From November 2019 to December 2020, the defendant Cai, in order to seek benefits, purchased Bailing Capsules and Kaitong Compound at a low price from more than ten special disease patients, including Tang, Zhao, and Huang, who used medical insurance fraud to purchase them α- After using special disease drugs such as ketonic acid tablets and uric acid clearing granules, they were sold at an additional price to the defendant Yang Mouyu. Cai sold a total of over 9 million yuan in drugs and illegally profited 200000 yuan.

Judgment result:

After trial, the People's Court of Yongchuan District and the Fifth Intermediate People's Court of Chongqing believe that the defendants Yang and Cai, knowing that they were using medical insurance to deceive, illegally purchased and sold drugs. The circumstances are serious, and their actions have constituted concealment and concealment of the crime. Yang and Cai truthfully confessed their main criminal facts upon arrival at the case.

Based on this, the defendant Yang Mouyu was sentenced to six years and six months in prison and fined RMB 1.4 million to cover up and conceal the crimes committed; Sentence the defendant Cai to five years and six months in prison, and impose a fine of RMB 400000.

Case of producing and selling counterfeit drugs by a certain level

Selling disinfectant products as drugs

From January 2019 to May 2021, the defendants Wei, Sang, and Yuan jointly invested to establish Yangmahu Biotechnology Co., Ltd. They leased a factory in Hebi City, Henan Province to produce dental drugs without obtaining relevant approval documents. The three defendants prepared a mouthwash according to the formula and marked the name, indications, pharmacological effects, dosage, and category of action of the drug "concentrated tinidazole mouthwash" on the "Tiantian" produced by them ™ On the inner and outer packaging and instructions of the concentrated tinidazole mouthwash, the fabricated "Yuwei Xiaozheng No. 0158" hygiene license number and the cancelled "Tianchi Biotechnology Co., Ltd." and its address are used as the factory name and address. The involved mouthwash was sold through online stores to various parts of China, including Anhui, with a total sales amount of over 490000 yuan.

According to the inspection conducted by the Food and Drug Inspection Center of Wuhu City, Anhui Province, the mouthwash in question does not contain any pharmaceutical ingredients; According to the Market Supervision Administration of Wuhu City, the involved mouthwash belongs to the category of "non drug counterfeit drugs" and is a counterfeit drug.

Judgment result:

The People's Court of Wanqian District, Wuhu City, Anhui Province, after trial, found that the defendant, Wei, Sang, and Yuan, produced and sold fake drugs, and the circumstances were particularly serious. Their actions all constituted the crime of producing and selling fake drugs. Yuan Mouwen has committed self surrender and can be given a lighter or mitigated punishment in accordance with the law. Weimou and Sangmou both have a confession, and can be given a lighter punishment in accordance with the law. All three defendants voluntarily plead guilty and accept punishment.

Accordingly, the defendant Wei was sentenced to six years and six months in prison for the crime of producing and selling counterfeit drugs, and was also fined RMB 340000; Sentence the defendant Sang to six years and six months in prison, and impose a fine of RMB 330000; Sentence the defendant Yuan Mouwen to six years imprisonment and a fine of RMB 330000.

This article