Crime of Obstructing Drug Administration by Adding 6 Test Points in the Outline of the 2021 Legal Examination

Crime of Obstructing Drug Administration in Newly Added Examination Site 6

Article 142-1 of the Criminal Law [Crime of impairing drug administration] violates drug administration laws and regulations, and has one of the following circumstances:, Enough to seriously endanger human health Shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, 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 seven years and shall also be fined:

（1） Production and sales of drug regulatory department under the State Council Prohibited drugs Of;

（2） Producing or importing drugs without obtaining the relevant approval documents for drugs, or selling drugs with the knowledge that they are the above-mentioned drugs;

（3） Providing false certificates, data, materials, samples or taking other deceptive means in the application for registration of drugs;

（4） Fabricating production and inspection records.

Having committed the act mentioned in the preceding paragraph, At the same time In the case of the crimes specified in Articles 141 and 142 of this Law or other crimes Provisions on heavier punishment Conviction and punishment.

This crime is newly added to the Criminal Law Amendment (XI).

1. Nature of behavior: Specific dangerous crime , which is required to seriously endanger human health. If it causes actual harm, it is valid Aggravated consequential offense 。

[Zhonggong Touch up] If it can be proved that there is a specific danger of serious harm to human health, the imported drugs without approval in the movie "I'm not the God of Medicine" can constitute this crime; If there is no such specific danger, it will not constitute a drug crime.

2. Behavior:

(1) Producing or selling drugs prohibited by the drug regulatory department under the State Council;

(2) Producing or importing drugs without obtaining the relevant approval documents for drugs, or selling drugs with the knowledge that they are the above-mentioned drugs;

(3) Providing false certificates, data, materials, samples or taking other deceptive means in the application for registration of drugs;

(4) Fabricating production and inspection records.

3. Imagination competition and cooperation: If the act constitutes this crime, the crime of producing and selling fake drugs, the crime of producing and selling substandard drugs and other crimes, it belongs to Imaginative joinder of offenses, choose one felony to be punished 。