China implements the patent protection policy for genuine drugs. During the protection period, generic drugs of corresponding drugs cannot be produced and sold. Therefore, the actor's behavior in the film undoubtedly violated the law and was suspected of smuggling. Of course, there is no objection to accepting sanctions. But what about the crime of selling fake drugs? There may be something to say.
Second, there is no "crime of selling counterfeit drugs" in our criminal law, only the crime of selling counterfeit drugs. Of course, "sell" and "sell" are synonyms.
In China's criminal law, the "fake drugs" in the crime of selling fake drugs include not only the fake drugs that we usually understand have no actual curative effect, but also the "imported drugs" that are actually effective and legal abroad, but are listed and sold in China without the approval of China's drug regulatory authorities. According to the movie plot, Indian Granin was smuggled through Yong Cheng, which was illegal and sold for profit. The drug is legal in India, but it is illegal to enter the country illegally and sell it in China without the approval of the drug supervision department. Therefore, the reason why the police in the movie called Indian generic drugs in patients' hands "fake drugs" should be based on this.
Third, the legal application of emotion and law
In the first half of the film, actor Yong Cheng smuggled Granin from India for profit.
A bottle of RMB 1500 is sold to leukemia patients, which is the behavior of a smuggler and an ordinary vendor. In the second half, in order to save the lives of more leukemia patients, the man sold a bottle of leukemia patients and posted it himself. The original intention of the man changed from making money to saving people, and finally he broke the criminal law and went to prison. The subsequent behavior still triggered the criminal law of our country, but judging from the "subjective" elements and criminal motives of the crime, the male owner is not for profit, and the other is to save the life of leukemia patients (I remember a line: I want to live, I don't want to die). The real background of the film is that hundreds of leukemia patients jointly wrote to the court, asking for exemption or lighter or mitigated punishment for Lu Yong. Legally speaking, Yong Cheng, the male host, pleaded guilty in court, confessed his crime and was given a lighter punishment. According to the provisions of Article 56 of the Criminal Law: "When deciding the punishment for criminals, they shall be sentenced according to the facts, nature and circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this Law. According to the facts of the crime, the nature and circumstances of the crime and the degree of harm to society, according to the situation of helping some leukemia patients and according to their criminal motives, the judge should give a lighter punishment as appropriate.