Selling unapproved drugs constitutes the crime of selling counterfeit drugs. Drug approval certificate refers to the drug approval number or drug registration certificate. Drugs that have not obtained the drug approval number according to law shall not be sold.
The elements that constitute illegal drug sales are as follows:
The object of crime
The object of the crime of illegal business operation should be market order. In order to ensure that the market for buying and selling goods and import and export goods is restricted, the state implements a business license system for the above-mentioned goods.
(2) objective aspects
Objectively speaking, it is characterized by operating franchise, monopoly goods or other restricted goods without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances.
(3) Subject of crime
The subject of this crime is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility. A legally established and responsible unit can also be the subject of this crime.
(4) Subjective aspects
Subjectively, it is intentional and has the purpose of seeking illegal interests. If the actor buys and sells the business license because he doesn't understand the laws and regulations, he should not be punished as this crime, and the competent department should investigate his administrative responsibility.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 142 of the Criminal Law of People's Republic of China (PRC), whoever produces or sells inferior drugs and 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 fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Drug addicts who knowingly provide inferior drugs to others shall be punished in accordance with the provisions of the preceding paragraph.