What do criminal defense lawyers start with in the crime of selling counterfeit drugs?

First, what aspects should criminal defense lawyers start with in the crime of selling counterfeit drugs? Discretionary non-prosecution is mainly based on the social harm caused by the crime of producing and selling counterfeit drugs, whether the circumstances are minor, whether there is a confession and repentance, whether there is a surrender, whether it belongs to the criminal responsibility of the accomplice, whether to compensate the victim for the loss, and obtain the victim's understanding. Discretionary non-prosecution is a factor that the public prosecution organ can consider as appropriate when deciding whether to prosecute, but it is not necessary. Include: 1. If the number of counterfeit drugs produced and sold is small, it will not cause great harm to the health of the broad masses of the people. For example, although counterfeit drugs themselves are not enough to cure diseases, they are not very harmful to human body, or they have been seized before they are sold and have not yet entered the society. In this case, it can be considered that the harm is not great or the circumstances are obviously minor, and prosecution is exempted as appropriate. 2. If the perpetrator surrenders himself or truthfully confesses the circumstances of his criminal act, which causes little social harm, he may be exempted from prosecution as appropriate. 3. If the perpetrator has pleaded guilty and repented, and at the same time actively compensated the victim for the crime of selling fake drugs by himself, the victim may be exempted from prosecution as appropriate if he understands and issues a letter of understanding. 4. The perpetrator is a person with limited criminal responsibility because of his mental or mental disability. Although he is not unable to bear criminal responsibility, in view of his special circumstances, his criminal behavior has little harmful consequences, he may also be exempted from prosecution as appropriate. Minors who have reached the age of 14 but have not reached the age of 16 are persons with limited criminal responsibility and may be exempted from prosecution as appropriate. 5. The perpetrator is an old man over 75 years old. Although he is still a person with full criminal responsibility, he will not be investigated for criminal responsibility in view of his advanced age, which will do little harm to society. It can also be exempted from prosecution on humanitarian grounds. Second, what is the objective manifestation of the crime of selling counterfeit drugs? Objectively speaking, producers and sellers violate the national laws and regulations on drug management, producing and selling counterfeit drugs, which is enough to seriously endanger human health. Violation of drug administration laws and regulations mainly refers to violation of the Drug Administration Law of People's Republic of China (PRC), the Measures for the Implementation of the Drug Administration Law of People's Republic of China (PRC), the good manufacturing practice and other laws and regulations formulated for the implementation of this Law. The above-mentioned laws and regulations clearly stipulate the contents of drug production, operation and management, such as drug composition, drug standards, drug production process regulations, drug operation conditions, drug supervision and so on. The second paragraph of article 14 1 of the Criminal Law stipulates: "The counterfeit drugs mentioned in this article refer to drugs and non-drugs that are counterfeit drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC)." Drug use during pregnancy and childbirth refers to all activities of manufacturing, processing, collecting and collecting fake drugs, and selling fake drugs refers to all acts of providing fake drugs for compensation. Producing and selling counterfeit drugs are two kinds of behaviors, which can be implemented separately or simultaneously, and there are two kinds of behaviors at the same time. According to the objective behavior of this crime stipulated by law, as long as one of the behaviors is possessed, it meets the objective requirements of this crime. If the perpetrator has the above two acts at the same time, it is still considered as the crime of producing and selling counterfeit drugs, and the combined punishment for several crimes is not implemented. The production and sale of counterfeit drugs are enough to seriously endanger human health, which is in line with the legal result of the establishment of this crime, indicating that this crime belongs to a dangerous crime in criminal form. However, the production and sale of counterfeit drugs, causing serious harm to human health, is an aggravated crime, a heavier punishment. To sum up, it is illegal and criminal to sell counterfeit drugs in China. After the public security organ files a case for investigation, the suspect is transferred to the procuratorate for prosecution. As a defendant, you can hire a lawyer to defend. Criminal defense lawyers should defend themselves from the aspects of the amount of counterfeit drugs sold by the defendant, the degree of social harm, repentance, frank performance, and whether they have rendered meritorious service, and strive for leniency.