The crime of buying anticancer drugs from Germany, selling them to domestic patients through QQ and other channels, and being arrested for allegedly selling counterfeit drugs ... is almost a replica of the movie "Desire for Survival".
This newspaper recently learned that Zhai, known as the real version of the "drug god", was sentenced a few days ago. The Shanghai Railway Transport Court held that Zhai and others violated the national laws and regulations on drug management and illegally traded drugs without obtaining the Drug Business License, amounting to more than 4.7 million yuan, and the circumstances were particularly serious, which constituted the crime of illegal business operation; Zhai Yiping plays a secondary and auxiliary role in the crime of * * *, and is an accessory, so his punishment should be mitigated according to law; Zhai Yiping can truthfully confess the facts of the crime after being brought to justice, and has a clear understanding of the possible legal consequences of pleading guilty and admitting punishment, and can be given a lighter punishment according to law. Shanghai Railway Transport Court convicted Zhai of illegal business operation, sentenced him to 3 years' imprisonment, suspended for 3 years, and fined him RMB30,000.
Zhai Yiping told the newspaper that he accepted the verdict and did not appeal. At present, he has made corrections in the community.
Similar to the story of the movie "Dying for Survival", the controversy over whether overseas listed drugs are counterfeit drugs and more than 0/00 letters of pleading from patients have attracted much attention.
Purchasing anticancer drugs from Germany, involving more than 4.7 million yuan.
Zhai's case took place in July, 20 18, only 20 days before the release of the film "No Survival".
The paper has obtained the criminal judgment of Shanghai Railway Transport Court (20 19) Hu 710/Criminal Chu 273 confirmed by Zhai, showing Zhai, male,1born in Haimen City, Jiangsu Province in 1972, Han nationality, college degree, no fixed occupation. Zhai was detained on July 24th, 20 18, arrested on August 30th, and released on bail on October 28th, 165438.
According to China Youth Daily and other media reports, Zhai was arrested on suspicion of selling counterfeit drugs, which was later changed to illegal business.
The Shanghai Railway Transport Procuratorate, the public prosecution agency, accused that in February 20 18, the defendants Zhai and Guo Mohong (handled separately) decided through negotiation that Guo Mohong would use overseas channels to purchase 0PDIV0, KEYTRUDA and LENVIMA anticancer drugs, which were brought into China by international flight attendants and handed over to the defendant Zhai, who was responsible for QQ. The price of 0 pdiv0 (100mg/10ml) is RMB 13 yuan, the price of 500 yuan and 0PDIV0(40mg/4ml) is RMB, and the price of 5 yuan, 500 yuan and KEYTRUDA( 100mg) is RMB 28,000 and Lenvima. 2065438+From February to July, 2008, the defendants Zhai and Guo Mohong * * * illegally handled drugs totaling more than RMB 4.7 million.
2065438+On July 24th, 2008, the public security organ arrested the defendant Zhai in his rented house in Baoshan District, Shanghai, and seized the drugs 0PDIV0 and LENVIMA on the spot, and the drugs KEYTRUDA in another rented house in Baoshan District. Appraised by pharmaceutical manufacturers, the drugs seized above are all regular drugs, which were listed and sold in China with the approval of the State Pharmaceutical Products Administration from July to September, 2065438. After the defendant arrived at the case, he truthfully confessed the above criminal facts.
The facts and evidence ascertained by the Shanghai Railway Transport Court through trial are consistent with the accusation of the public prosecution agency.
The Shanghai Railway Transport Court held through trial that the defendant Zhai, together with others, violated the laws and regulations of the state on drug administration and illegally handled drugs without obtaining the Drug Business License, amounting to more than 4.7 million yuan. The circumstances are particularly serious, and its behavior has constituted the crime of illegal business operation. Defendant Zhai Yiping played a secondary and auxiliary role in the crime of * * *, and was an accessory, so his punishment should be mitigated according to law; After the defendant Zhai Yiping was brought to justice, he was able to truthfully confess the facts of the crime, had a clear understanding of the possible legal consequences of pleading guilty and accepting punishment, and could be given a lighter punishment according to law.
According to the facts, nature, circumstances of the crime and the degree of harm to society, in accordance with the provisions of Articles 225, 25, paragraph 1, 27, 67, paragraph 3, 72, 73, paragraph 2, paragraph 3, 52, 53, 64 and 7, paragraphs 1 and 3 of the Criminal Law of People's Republic of China (PRC), According to Article 1 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Drug Safety and Article 15 of the Criminal Procedure Law of People's Republic of China (PRC),
1. Defendant Zhai committed the crime of illegal business operation, was sentenced to 3 years' imprisonment, suspended for 3 years, and fined RMB 30,000 (the probation period of probation shall be counted from the date when the judgment is confirmed, and the fine shall be paid to Shanghai Railway Transport Court within 10 days after the judgment takes effect);
2. It is forbidden for the defendant Zhai Yiping to engage in drug production, sales and related activities during the probation period;
Three, the illegal income shall be recovered, and the seized stolen goods and personal property used for crime shall be confiscated.
After returning to the community, Zhai Yiping should abide by laws and regulations, obey supervision and management, receive education, complete public welfare work, and be a beneficial citizen to society.
The date of signing the judgment is 20 19 10 6 17.
The identification of counterfeit drugs is controversial, and the new law has been revised.
The Zhai case is almost synchronized with the release of the film "You can't live without dying", which reflects serious propositions such as the collision between reality and law in the procurement of anticancer drugs, and has attracted much attention from all walks of life. After the incident, many media reported and discussed the case from different angles.
Article 48 of the former Drug Administration Law stipulates that those that are produced or imported without the approval of this law or have not been inspected by this law are regarded as counterfeit drugs. According to the provisions of the Criminal Law, the minimum penalty for producing and selling counterfeit drugs is fixed-term imprisonment of not more than three years and a fine.
The commentary published by China Youth Daily on August, 2065438 16 pointed out that drugs that are not listed in the drug list of the regulatory authorities or have not been approved by the relevant competent authorities are counterfeit drugs in legal terms, but they do not represent counterfeit drugs in objective fact. Although the anti-cancer drugs that Zhai Yiping bought for patients are "fake drugs" on the legal level, they are real drugs with good curative effect. It is unfair and fair to punish them as fake drugs. The current laws and regulations identify imported drugs that have not been approved or tested as counterfeit drugs, which deserves re-examination.
The commentary believes that Zhai's purchase behavior obviously outweighs the disadvantages and has not caused obvious harmful consequences. In the case that buying imported drugs is related to saving lives, the implementation of the law should fully weigh the possible actual impact and social consequences.
According to China Business Daily, after Zhai's case, two lawyers in the case wrote to the the National People's Congress Standing Committee (NPCSC) (NPC) and suggested amending the provisions of the Criminal Law on the sale of counterfeit drugs.
According to the proposal, as long as there is no government approval, all imported genuine drugs will be regarded as "counterfeit drugs" in the criminal law. Even good drugs produced by internationally renowned manufacturers are generally effective abroad and play a role in filling in China, even life-saving drugs for treating cancer, rather than fake drugs that accidentally injure people, which seriously exceeds the national understanding of the meaning of "counterfeit drugs". This conflicts with the basic principle that criminal law should be interpreted according to its literal meaning.
There are also some media reports that raise other issues.
Jiefang Daily Shangguan News reported on August 65, 2065 at 438+08 that unlike the movie "Yong Cheng" who posted money to help patients buy medicines, Zhai got benefits from the chain of purchasing medicines, both in quantity and nature. Unlike Lu Yong in reality, Zhai Yiping suffers from liver cancer, but he has never taken the drugs he distributed to patients, and both drugs are prescription drugs and need to be taken under the guidance of German doctors.
The report also pointed out that Zhai Yiping did not know the authenticity and source of the drugs distributed from his own hands, and the "cold chain car" used for distribution did not exist. He doesn't know what the original price of the medicine is, and the so-called 5% purchasing fee is also a "random estimate".
According to China Youth Daily, the PD- 1 purchased by Zhai was officially put on sale in more than 50 cities in China on August 28th, 20th18th, and the domestic retail price was cheaper than that purchased from Germany. The retail price of 100mg/ 10ml is 9260 yuan, and the retail price of 40mg/4ml is 459/kloc-0 yuan.
2065438+On August 26th, 2009, the newly revised Drug Administration Law was reviewed and adopted at the 12th meeting of the 13th the National People's Congress Standing Committee (NPCSC). Article 124 of the new Drug Administration Law stipulates that if a small amount of drugs that have been legally listed abroad are imported without approval, the punishment may be mitigated or exempted according to law.
According to the newspaper's previous report, Liu Pei, director of the Policy and Regulation Department of the State Pharmaceutical Products Administration, said at the press conference after deliberation and approval that the scope of counterfeit and inferior drugs was revised this time, and drugs imported without approval were no longer classified as counterfeit drugs, which responded to the concerns of the people.
In reality, the procuratorate finally decided not to prosecute Lu Yong, a chronic myeloid leukemia patient in Wuxi, Jiangsu Province, who is the prototype of "Yong Cheng" in "Can't survive, Can't beg for death".