No prosecution [].
Suspect? [Name, gender, date of birth, ID number, place of origin, nationality, education level, occupation or work unit and position (in which unit and position at the time of committing the crime) and political outlook of the criminal suspect. If it is a deputy to the National People's Congress or a member of the Chinese People's Political Consultative Conference, the specific level, session, member and representative, member number, current address, resume and criminal record of the suspect should be stated. If there are multiple suspects in a case, they shall be explained one by one. ]
The criminal suspect (name) in our hospital is suspected of (crime)? Year? Month? Put on record for investigation, (Take compulsory measures, change compulsory measures, and extend the detention period for investigation). At present, the investigation has ended.
After investigation according to law, it is found that: (Summarize and describe the criminal facts identified by procuratorial organs, including time, place, process, means, purpose, motivation, harmful consequences and other factual elements related to conviction. According to specific cases, we should focus on the constitutive requirements of crimes stipulated in the criminal law, especially the characteristics of crimes. When describing the criminal facts of a criminal suspect, we should first make a general description according to the composition of the crimes committed, then list them one by one, and finally list the relevant evidence. Evidence includes evidence obtained through investigation that can prove that the criminal suspect's behavior constitutes a crime and needs to be investigated for criminal responsibility. )
To sum up, the criminal suspect's behavior violated the Criminal Law of People's Republic of China (PRC)? The provisions of article, suspected of committing a crime (not writing constitutes a crime), but? (state the specific circumstances under which the crime is minor and there is no need to be sentenced to punishment or exempted from punishment. ) According to the Criminal Law of People's Republic of China (PRC)? Article, no need to be sentenced to punishment (or exempted from punishment), according to the provisions of Article 135 and Paragraph 2 of Article 142 of the Criminal Procedure Law of People's Republic of China (PRC), it shall be transferred for examination and prosecution. ?
(Put forward suggestions on handling the seized articles. )
I am here to convey
Review department
date month year
Investigation Department (India)
Model of non-prosecution opinion
Opinions on transfer review and non-prosecution
No. [] is no complaint book retrieval.
1. Name, gender, age, nationality, native place, education level, political outlook (if the suspect is a deputy to the National People's Congress or a member of the Chinese People's Political Consultative Conference, please state his identity), work unit, position and current address.
Criminal record.
Two, the cause of action and the source of the case, the cause of action and the compulsory measures taken.
Three. Facts and evidence of the case ascertained.
4 reasons, legal basis and suggestions on the handling of criminal suspects and seized items.
5. Signature: to this unit.
Unit proposing non-prosecution opinion (seal)
date
6. Attachment: transferring case materials and evidence with the case;
The suspect is currently.
Non-prosecution opinion Fan Wensan
Yuan public punishment for not prosecuting [20 15]No. 1
Defendant Lu Yong, male, born on April 6, 1968, with ID number of 320102196804062830, Han nationality, bachelor degree, private entrepreneur, legal representatives of Wuxi Zhensheng Knitwear Co., Ltd. and Wuxi Qingcheng International Trade Company, and his domicile is in Chong 'an District, Wuxi City, Jiangsu Province. He was criminally detained by Yuanjiang Public Security Bureau on 20 1 165438 on suspicion of obstructing credit card management. On February 25th, 20 14, with the approval of Yuanjiang People's Procuratorate, he was arrested by Yuanjiang Public Security Bureau and released on bail on March 30th, 20 14. On February 24th, the same year, 65438, Yuanjiang People's Court decided that Yuanjiang Public Security Bureau would arrest him on October 24th, 20 15+ 10, and decided to release him on bail on October 29th.
Defenders: Zhang Qingsong and Zhang Yupeng, lawyers of Beijing Shangquan Law Firm.
The case was investigated by Yuanjiang Public Security Bureau, and Lu Yong was transferred to our hospital for review and prosecution on April 5, 20 14 for the crime of obstructing credit card management and selling counterfeit drugs. On May 12 of the same year, our hospital returned the case to Yuanjiang Public Security Bureau for supplementary investigation. Yuanjiang Public Security Bureau transferred the case to our hospital again on June 10 of the same year. On July 10 of the same year, the Japanese hospital extended the review period of this case by 15 days. On July 22nd of the same year, our hospital sued Lu Yong in Yuanjiang People's Court for the crime of obstructing credit card management and selling counterfeit drugs. After accepting the case, Yuanjiang People's Court decided to suspend the trial on February 23rd of the same year because Lu Yong failed to appear in court after being summoned, and made a decision to arrest Lu Yong the next day. 20 15 65438+ 10/0, Lu Yong was captured by Yuanjiang Public Security Bureau. On the 27th of the same month, our hospital withdrew the prosecution from Yuanjiang People's Court, and on the 29th of the same month, our hospital decided to release him on bail pending trial.
Yuanjiang Public Security Bureau transferred the criminal facts identified in the review and prosecution opinions;
From August 2065438 to August 2003, Lu Yong successively used the Internet as a website. samchina680406？ Nominally obedient? Credit card source? Guo Zibiao, the owner of Taobao, bought three sets of bank cards with other people's identity information at the price of each set of 500 yuan. After purchasing these three cards, Lu Yong used the 1 Agricultural Bank Card named Xia Weiyu to absorb the funds for selling counterfeit drugs.
During 20 12, Jainsanjay, an Indian, opened two accounts, Jainsanjay and Jainmadhu, in the Agricultural Bank of Wuxi, Jiangsu Province, to absorb the funds involved in drug trafficking in India. Since 20 13, 1, Jainsanjay and Lu Yong have partnered to sell Indian products in China by contacting customers through online mail and QQ group. Kai Nuo pharmaceutical co., ltd? The company made it? Venato? 、? Imatinib B400? 、? Imatinib B 100? Lu Yong used the accounts of two patients, Luo Shuchun and Yang Huiying, in Pu 'er City, Yunnan Province, to collect funds for drug sales. Until August, 20 13, in order to escape the attack, Lu Yong turned over the funds for selling Indian drugs and downloaded the Guo Zi bid? Credit card source? I bought this agricultural bank card in an online store with Xia Weiyu's ID card. To collect India? cyno pharmaceuticals 1td？ Jainsanjay's money sells drugs in China. Confirmed by Yiyang US Food and Drug Administration: Lu Yong helped to print? cyno？ None of the drugs sold by the company in China were sold without the permission of drugs imported from China.
20 13 Up to now, the sales amount of these drugs in Lu Yong has reached more than 3 million yuan. During this period, according to Jainsanjay's instructions, remit money to Zhang Jinxia's foreign trade account in Yiwu, Zhejiang Province.
According to the law, we found that:
In 2002, Lu Yong was diagnosed with chronic myeloid leukemia and needed to take anticancer drugs for a long time. Is there a regular anticancer drug for symptomatic treatment of leukemia in China? Gleevec? This series is imported from Switzerland, and the price of each box is 23,500 RMB. Lu Yong once took this medicine. In order to communicate with patients who are in the same boat, pass on the information of seeking medical advice and medicine to each other, and reduce the price of medicine by increasing the number of people who buy the same medicine, Lu Yong began to establish a QQ group for leukemia patients in April 2004.
In September 2004, Lu Yong bought similar drugs made in India from Japan through others. The price of each box is about 4000 yuan, and the effect is the same as that imported from Switzerland? Gleevec? Same. After that, Lu Yong directly contacted Sino, an Indian anti-cancer drug distributor, using the contact information provided in the drug instructions, and began to buy anti-cancer drugs directly from Sino. After taking it for a period of time, Lu Yong felt that similar drugs in India were effective and cheap, so she recommended them to her patients through online QQ group. Patients in online QQ group also joined in purchasing medicines from Sino Company in India. Lu Yong and his patients first paid the drug purchase money to the Indian company Sino through international remittance such as Western Union. In the process, Lu Yong also used his expertise in English to translate e-mails and other materials for cancer patients such as leukemia for free with Indian Sino Company. With the spread among patients, the number of domestic leukemia patients who bought the anticancer drug from India Sino Company gradually increased, and the price of the drug gradually decreased until it was more than 200 yuan per box.
Due to the above payment method, it is necessary to convert RMB into US dollars first and use English, which is cumbersome and difficult to operate. Patients who want medicine ask Sino to open an account in China, which is convenient for payment. 20 13 In March, after the Indian Sano Company negotiated with Lu Yong, who was the first to buy medicines from the company, Lu Yong set up a bank account in China to receive the patients' medicines, and regularly transferred the medicines to the domestic bank account in China under the name of Zhang Jinxia designated by Indian Sano Company. After counting the specific drug purchase situation of Lu Yong's patients and informing Sino India, Sino India directly mailed the drugs to the patients. India's Sino promises to provide free medicines to patients who provide accounts. Lu Yong released the idea of Indian Sino Company among QQ patients, and Luo Shuchun, a leukemia patient in Yunnan, contacted Lu Yong and offered to provide her and her wife Yang Huiying's bank accounts in exchange for free medicines. Lu Yong manages the account provided by Luo Shuchun through online banking U shield. After the patient paid the drug purchase money to the account, he transferred the drug purchase money to Zhang Jinxia's account, and informed Sino Company of India to distribute the drug to the patient, which saved the patient some tedious work such as changing money and translating.
After using Luo Shuchun's and Yang Huiying's accounts to pay for drugs for a period of time, Luo Shuchun heard that the bank card transaction amount was too large, which might be suspected of money laundering, and he was unwilling to provide it again. On August 20 13, Lu Yong bought three bank debit cards with other people's identity information from Guo Zibiao at the price of each set of 500 yuan through Taobao. When I was ready to use it, I found that two of them could not be used because the passwords could not be activated, and only the 1 debit card named Xia Weiyu was used. Lu Yong also managed this account by using U Shield in online banking, and transferred the money purchased by the patient to Zhang Jinxia's account designated by Indian Sino Company.
According to the documented evidence, 2 1 cancer patients, such as leukemia, successively purchased more than 10 kinds of anticancer drugs from Indian Sino Company through three bank accounts provided and managed by Lu Yong, with a value of about120,000 yuan. All the help provided by Lu Yong to his patients is free of charge. 10 What are the anticancer drugs purchased? VEENAT 100？ 、? Imatinib B400? 、? Imatinib B 100? These three drugs have been identified by Yiyang US Food and Drug Administration, and they were imported without China's approval.
The above facts are confirmed by the following evidence:
1. The evidences that prove that Lu Yong bought three debit cards are: (1) the seized online banking U shield and the bound mobile phone card; (2) Bank debit card account opening information; (3) Taobao transaction records; (4) bank transaction details; (5) Testimony of Guo Zi; (6) Confessions of Lu Yong, etc.
2. The evidence that Lu Yong provided the account number used to pay for medicine purchase to Indian Sino Company is as follows: (1) The testimony of witness Pan Jiansan confirmed that she met Lu Yong in 2005, and her daughter published an article on the Internet entitled? Who can save my father? Lu Yong took the initiative to contact him and help him after learning the article. The purpose of establishing QQ group in Lu Yong is: First, it is convenient for patients to exchange information and ask for medicine between patients; The second is to organize patients to negotiate with drug manufacturers to reduce drug prices after the patient population expands. (2) The testimony of witnesses Luo Shuchun and Yang Huiying proves that they provided personal bank accounts for Lu Yong. (3) The testimony of witnesses such as Zhong and other patients confirmed that it was very complicated to purchase the drug through western union and other international remittance methods, and it was difficult for some patients to understand the operation process. In order to facilitate patients to pay for medicine, Lu Yong provided an account number so that patients can get medicine in time and prolong their lives. The patients are deeply grateful to Lu Yong. (4) There are 2 1 patient's testimony and corresponding bank account details, which prove that the patient who bought the medicine either learned about the drug purchase channel through online search, or directly contacted Lu Yong, and then remitted it to the bank accounts of Luo Shuchun, Yang Huiying and Xia Weiyu managed by Lu Yong, and then received the anticancer drugs mailed by Indian Sino Company. At the same time, most of the testimonies of 2 1 patients proved that the drug did have curative effect and no adverse reactions. (5) Lu Yong confessed that he provided Luo Shuchun, Yang Huiying, Xia Weiyu and other accounts to patients who purchased anticancer drugs from Indian Sino Company to pay for the drugs purchased by patients. The confession also said, what is the purpose of recommending Indian drugs in online QQ groups or patient exchange meetings? Communicate with patients to improve the quality of life of leukemia patients? ,? Providing RMB accounts is more to solve the problem that patients don't know English and the international remittance procedures are complicated, rather than to help Indian Sino company sell? . (5) QQ chat record and short message between the drug purchaser and Lu Yong, which prove that the patient contacted Lu Yong to consult about drug purchase, and Lu Yong asked for payment to the designated account. (6) Yiyang US Food and Drug Administration issued "About Investigation? VEENAT 100？ The reply to the information of drug import and sales license proves that it was mentioned in the letter from the public security organ? Kai Nuo pharmaceutical co., ltd? The company made it? VEENAT 100？ 、? Imatinib B400? 、? Imatinib B 100? No information about drug import license was found in the database of China Food and Drug Administration.
Our court believes that Lu Yong's act of buying and helping others to buy anti-cancer drugs imported without approval violates the relevant provisions of the Drug Administration Law of People's Republic of China (PRC), but Lu Yong's act is not a sales act, which does not conform to the provisions of Article 141 of the Criminal Law of People's Republic of China (PRC), and does not constitute the crime of selling counterfeit drugs. Lu Yong bought three debit cards from Guo Zibiao through Taobao, and used the debit card with Xia Weiyu account name, which violated the financial management regulations. However, its purpose and purpose were entirely for leukemia patients to pay for self-medication and buy anticancer drugs, and only 1 card was used. The circumstances are obviously minor and the harm is not great. According to Article 13 of the Criminal Law of People's Republic of China (PRC), it is not considered a crime. According to the provisions of the first paragraph of Article 15 and the first paragraph of Article 173 of the Criminal Procedure Law of People's Republic of China (PRC), it is decided not to prosecute Lu Yong.
The money frozen or detained by Yuanjiang Public Security Bureau in handling this case should be dealt with according to law.
If Lu Yong refuses to accept this decision, he can appeal to our hospital within seven days after receiving this decision.
Yuanjiang people's procuratorate
(Seal of Institute)
February 26(th)
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