For some time, the quality of drugs in the market is mixed, it is difficult to distinguish between true and false, and counterfeit drugs are rampant, which makes it impossible for virtuous businesses to prevent and innocent people to suffer.
To this end, the criminal law specifically revised the crime of producing and selling counterfeit drugs and increased the punishment, making it one of the most severe punishments that can be sentenced to death.
Then, if you sell fake drugs without knowing it, what kind of punishment will you get? In this regard, we must analyze the cognitive factors of intentional crime of "selling counterfeit drugs".
According to the latest "second-level objective criminal law theory", in order to establish intentional crime, the actor must realize that there are no all illegal facts in five aspects: behavior, object, result, identity and illegal facts.
In other words, as long as one of them is not recognized, it is impossible to constitute an intentional crime.
In the case of selling fake drugs without knowing it, if the actor really doesn't know the existence of "fake drugs", there can be no intention to "sell fake drugs", and then it is impossible to establish the crime of "selling fake drugs".
Therefore, if the factual evidence is enough to prove that the perpetrator sells fake drugs without knowing it, according to the principle of "a legally prescribed punishment for a crime", it should not constitute the crime and should not be subject to criminal punishment.
At this point, the actor and his defense lawyer should boldly defend the innocence.
Legal basis: Article 141 of the Criminal Law of People's Republic of China (PRC). 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).