What was the result of Qin Cai Dong in Maanshan?

Qin Hongxing News Picture A "composition" made by Dr. Ma 'anshan, Anhui Province claims to be able to treat cancer, and it is mailed to patients with the logo of "makeup remover". This behavior was accused by the prosecution of allegedly producing counterfeit drugs and illegally absorbing public deposits. After being detained for more than 300 days, Qin, the principal offender, was recently sentenced by the court to three years' imprisonment and suspended for four years. After the judgment of the first instance, Qin said in court that he would obey the judgment and not appeal. Self-made anticancer substances were accused of producing counterfeit drugs and illegally absorbing public deposits. 202 1 10 Maanshan police received a report from the masses that a drug named "Bo Shi Component" was suspected to be counterfeit and provided the real thing of the drug. According to police investigation, "Bo Shi's composition" was produced by Qin and others. Qin, 1963+0, a native of Maanshan. 1980 was admitted to Beijing Institute of Iron and Steel (now University of Science and Technology Beijing) to study metal physics, 1985 studied materials science at Oxford University, England, and 1989 received a doctorate in philosophy from this school. In March, 2022, Ma 'anshan Public Security Joint Market Supervision Department smashed three "drug-making" dens of Qin gang, and seized more than kilograms of products 1000, more than 4,000 kilograms of raw materials such as industrial-grade sodium formate, industrial-grade oxalic acid, food-grade acetic acid and feed-grade sodium selenite, and more than 30 boxes of packaging materials such as plastic bottles and cartons. After investigation by the police, the "composition" produced by Qin et al. does not conform to the relevant provisions of the Drug Administration Law of People's Republic of China (PRC) and good manufacturing practice in terms of drug research and development, production conditions, production process control and product quality control. At the same time, the products and taking methods provided by Qin to patients were not marked with key information such as effective ingredients, production date and expiration date, and the actual situation and safety risks of the products were not fully informed to patients. Their behavior is not only illegal, but also does not meet the relevant ethical requirements. On March 4, 2022, Qin was criminally detained by the Forest Public Security Bureau of Maanshan City, Anhui Province on suspicion of producing and selling counterfeit drugs. On March 6, 2022, the Ma 'anshan Municipal Market Supervision Administration issued a reply saying that the "Bo Shi component" involved in the case was a counterfeit drug. On July 5 of the same year, Ma 'anshan Municipal Market Supervision Administration issued a reply, which was proved by the expert group that the products involved were enough to seriously endanger human health. On August 29, 2022, the Huashan District Procuratorate of Maanshan City sued Qin for the crime of producing counterfeit drugs and illegally absorbing public deposits. According to the accusation of the public prosecution agency, since 20 17, the defendant Qin used industrial-grade sodium formate, industrial-grade oxalic acid, food-grade acetic acid and feed-grade sodium selenite to mix with tap water in a certain proportion to produce a product called "Bo Shi composition". The prosecution also accused the defendant, Qin, of offering the composition free of charge as bait without the approval of the relevant departments according to law, and by word of mouth, attracted the considerers to pay the "mutual aid fund". If patients need to use this ingredient, they need to sign a "mutual loan" agreement with Qin, and the patients will pay Qin a "mutual aid fund" ranging from several thousand yuan to several tens of thousands yuan, and Qin will be responsible for providing the "Bo Shi ingredient" to the patients free of charge. The agreement also stipulates that the "mutual aid fund" collected by Qin will be returned after the agreed conditions are met. The "composition" was identified as a fake medicine, and witnesses said it was effective. On February 3, 2022, 65438, the case was heard in Huashan District Court of Maanshan City. In response to the accusation of the procuratorate, Liu Zhang, the defendant Qin's defender and lawyer of Beijing Law Firm, expressed three opinions: First, the application of law in this case is wrong, and Qin's ingredients do not belong to drugs and do not belong to the adjustment scope of the Drug Administration Law. The ingredients are not fake drugs, and it is not the case that non-drugs pass off as drugs. Second, this case does not constitute the crime of producing counterfeit drugs subjectively and objectively. Third, it does not constitute the crime of illegally absorbing public deposits. During the trial, lawyer Liu Zhang mainly expressed his opinions on whether the "ingredients" have any function and whether they can be identified as drugs. At the same time, it demonstrates the mutual fund that was identified as illegally absorbing public deposits in this case. The court found that Qin was consulted by patients and their families as a doctor at Oxford University, and publicized that the composition he prepared could kill a variety of cancer cells through WeChat and American articles. The court held that the "Bo Shi Composition" prepared by the defendant Qin was identified as a counterfeit drug by the Ma 'anshan Municipal Market Administration, and it was proved by the expert group that it was enough to seriously endanger human health. The defendant Qin produced "Bo Shi Composition" without medical education, work experience and pharmaceutical production and operation qualification, which met the characteristics of the crime of producing counterfeit drugs. Lawyer Liu Zhang said that several experts hired by the above-mentioned market supervision administration thought that the "composition" might be harmful to human health without standardized procedures, but according to the contents of the file, 43 of the 76 witnesses' testimonies all said that the "Bo Shi composition" was effective in treating cancer, and many of them said that their physical condition improved after taking it, and their cancer indicators tended to be normal and their mental state was restored. In the volume, 100 witnesses jointly signed Qin's Bo Shi Composition, which saved their lives and were willing to testify for Qin. However, the police said that according to the above-mentioned Maanshan Municipal Market Supervision Administration, six medical and pharmaceutical experts from universities, pharmaceutical manufacturers and tertiary hospitals were invited to evaluate the safety, effectiveness and harmfulness of the products involved in research and development, production and use. The opinions are as follows: (1) The production and R&D process of the products involved cannot guarantee the safety, effectiveness and quality controllability of the products; There is no sufficient and reliable data to prove that the products involved have exact curative effect; The products involved are blended with a variety of chemical raw materials, which may cause harm to human body if used in large quantities for a long time. Therefore, the products involved are enough to seriously endanger human health. (2) The traditional folk prescription is a medical product based on the medical theories of various nationalities, which has been proved to be safe and effective through long-term clinical practice and can only be used under the guidance of medical institutions and doctors. The products involved do not have the characteristics of traditional folk formula, so the products involved do not belong to traditional folk formula. He was detained for 300 days, suspended, and the defendant said in court that he would not appeal. In the act of illegally absorbing public deposits, the court found out that since 20 17, the defendant Qin, in the name of providing "Bo Shi's composition" for free, attracted patients to pay "mutual aid money" ranging from several thousand yuan to tens of thousands of yuan through word of mouth. According to Qin's confession and raw material purchase records, the cost of each ingredient (***3 bottles of liquid medicine) is calculated to be about 2.2 yuan. After deducting the cost of packaging materials, the cost of pure liquid medicine is only 0. 1 yuan. The cost of taking "Bo Shi Composition" per patient per year is relatively low. According to the court's investigation, up to the time of the crime, Qin illegally absorbed funds from more than 800 people all over the country, totaling 10557300 yuan. Later, due to the death of the patient who took the "ingredient", the patient asked for a refund, and the returned funds totaled 6,439,500 yuan. The remaining 4 100 yuan was used by Qin and others to purchase real estate, vehicles and living expenses. "Mutual aid is actually a conditional loan." Lawyer Liu Zhang argued that the patient lent Qin a "mutual aid fund" according to the contract, and Qin provided the composition for life. When certain conditions are met, Qin repays the loan. "Qin Wei patients provided the ingredients, and only charged the cost. There is no profit-making purpose, and it has the nature of mutual help and self-help. Liu Zhang believes that the law does not need to interfere with the mutual assistance between Qin and patients. However, the court held that the defendant Qin's behavior of inducing patients to pay "mutual aid money" was illegal, open, seductive and social, and the accusation of the public prosecution agency was established. To this end, the court comprehensively held that the defendant Qin had constituted the crime of producing counterfeit drugs and illegally absorbing public deposits, and should be punished for several crimes according to law. In view of the fact that he confessed his crimes truthfully after arriving at the case, voluntarily pleaded guilty and returned the stolen money, he can be given a lighter punishment according to law and can be suspended. Accordingly, in the first instance, the court sentenced the defendant Qin to eight months' imprisonment and fined RMB 50,000. He was convicted of illegally absorbing public deposits, sentenced to three years in prison and fined RMB 100,000; He was sentenced to three years' imprisonment, suspended for four years and fined 150,000 yuan. After being detained for 30 1 day, on February 30, 65438+, Qin got the first-instance judgment that the court gave him a suspended sentence. Qin said in court that he obeyed the judgment, pleaded guilty and refused to accept the appeal. After the judgment comes into effect, Maanshan community correction institutions will supervise, manage and educate Qin.