According to the provisions of the Criminal Law of People's Republic of China (PRC):
Article 141 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. The term "counterfeit drugs" as mentioned in this article refers to drugs and non-drugs that belong to counterfeit drugs and are treated as counterfeit drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC).
Extended data:
Case: Five shopkeepers in Dongguan, Guangzhou were sentenced for selling fake aphrodisiac "Viagra".
Guangzhou Daily Dongguan News (Reporter Long correspondent Zhong) Yesterday, the reporter learned from the Second People's Court of Dongguan that the hospital recently issued a centralized verdict on five cases of selling counterfeit drugs.
The five suspects in the five cases were all shopkeepers of adult goods stores, who bought fake aphrodisiac "Viagra" at a low price and sold it at a high price to seek illegal benefits. All five suspects were sentenced to probation for half a year and sentenced to three to four months of criminal detention, with fines ranging from 5,000 yuan to 20,000 yuan.
It is reported that Dongguan No.2 Hospital has also issued the first prohibition order for the pharmaceutical industry in the hospital, and the above-mentioned criminals are prohibited from engaging in drug production, sales and related activities during the probation period.
20 13,10 In June, Hunan Woman Wang opened an adult goods store in the central district of shatian town. Wang bought three kinds of aphrodisiacs such as "Golden Viagra", "Viagra-Viagra Brothers" and "Acura Viagra" from door-to-door salesmen at prices ranging from 5 yuan to 10 yuan per pill, and then sold them at prices ranging from 50 yuan to 60 yuan per pill.
20 1165438 On June, 2004 10, the public security organs and the joint forces seized 20 boxes of "Golden Viagra"1box and "Best Viagra" in this store and arrested Wang. After identification, the seized "Golden Viagra" and "Acura Viagra" are both counterfeit drugs.
In the five cases of counterfeit drugs sentenced in this centralized way, the defenders all put forward the opinion that the criminals are less subjective and vicious, less harmful to society and the circumstances of the crime are minor, and requested a lighter treatment.
Lu Hong, the presiding judge, said that according to the law, any act of selling counterfeit drugs constitutes the crime of selling counterfeit drugs. He analyzed that criminals buy oral counterfeit drugs with unknown sources at low prices, which makes the drugs out of necessary supervision, which is enough to form uncontrollable potential risks to the personal safety of the public.
References:
People's Daily Online-Five shopkeepers in Dongguan, Guangzhou were sentenced for selling fake aphrodisiac Viagra.