1. What is the lightest punishment for selling counterfeit drugs?
The crime of selling counterfeit drugs is the lightest punishment, and those who meet the filing standards can be sentenced to fixed-term imprisonment of not more than three years. According to article 14 1 of the criminal law,
Crime of producing, selling and providing counterfeit drugs. Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
Drug addicts who knowingly provide counterfeit drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph.
Two, enough to seriously endanger human health.
(a) containing excessive toxic and harmful substances;
(two) does not contain the marked effective ingredients, which may delay the diagnosis and treatment;
(three) indications or functional indications beyond the prescribed scope, which may delay the diagnosis and treatment;
(four) the lack of significant 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 fake drugs produced and sold causes serious disability, three or more serious injuries, ten or more minor injuries or other particularly serious consequences, it shall be deemed as "particularly serious harm to human health". The object of infringement is a complex object, which not only infringes on the national drug management system, but also infringes on the health right of the unspecified majority. Drugs refer to substances used to prevent, treat and diagnose human diseases, purposefully regulate human physiological functions, and specify indications, usage and dosage. The state has formulated a series of drug management laws and regulations and established a complete management system to ensure drug quality, improve drug efficacy and ensure drug safety. The production and sale of counterfeit drugs constitutes an infringement on the national drug management system, and also harms the public health.
Three, the conditions for filing the crime of selling counterfeit drugs
The production and sale of counterfeit drugs under any of the following circumstances shall be put on file:
(a) containing excessive toxic and harmful substances;
(two) does not contain the marked effective ingredients, which may delay the diagnosis and treatment;
(three) indications or functional indications beyond the prescribed scope, which may delay the diagnosis and treatment;
(four) the lack of significant effective ingredients necessary for first aid.
The determination of the crime of selling counterfeit drugs needs to be determined according to different situations, so the punishment is usually the lightest, but as long as it constitutes criminal responsibility, it needs to be investigated for fixed-term imprisonment of not more than three years. If you are not clear, you can hire a lawyer to define it legally.