China's judicial authorities Tuesday acted to stem the growing production of fake medicine, which they admitted had become "rampant in recent years," with a new legal interpretation that takes effect Wednesday.
The interpretation makes it easier for prosecutors and courts to charge and try those suspected of making or selling fake drugs. It seeks to clarify what kind of activities constitute the sale or production of fake drugs. Ambiguities in the law have made it difficult for authorities to prosecute some cases.
Xiong Xuanguo, Supreme People's Court (SPC) vice president, said that the manufacturing and selling of fake or substandard medicines had become widespread and caused strong resentment among the public.
"They seriously harm people's health, disturb the healthy development of the pharmaceutical industry in China and severely damage the image of the country internationally," Xiong said.
Kidney failure killed 13 people in 2006 after a counterfeit injection was administered to them, arousing a public outcry. Five managers with the producer, Qiqihar No. 2 Pharmaceutical Co., Ltd., were sentenced to four to seven years in jail in April, 2008.
Earlier this year, two patients died and nine others fell ill after taking a fake diabetes drug, which contained six times the normal dose of glibenclamide, a chemical used to help lower blood sugar. At least six people allegedly involved in the production and distribution were arrested.
Xiong warned that fake or substandard medicines will face more severe crackdowns because of the new judicial interpretation.
The interpretation was jointly developed by the SPC and the Supreme People's Procuratorate as an improvement to the 2001 version, Xiong told a press conference.
China's Criminal Law stipulates punishments for the production or sale of fake medicines. Those who produce or sell fake medicines "that could possibly do serious harm to human health" can get jail terms of up to three years.
In cases of actual harm or death, punishments can be harsher: for example, jail terms can range from three to 10 years (for serious injuries) or the death penalty (where fatalities are involved).
Xiong said the 2001 version was unclear about what constituted fake medicines "that could possibly do serious harm to human health," meaning that the law was difficult to enforce.
The new document specified criteria on identifying crimes of producing and selling fake drugs. It also stipulated criminal liabilities of medical facilities, like a hospital that knowingly buys and uses fake drugs, as well as people who helped in the marketing and distribution of such drugs.
Individuals and businesses providing financial and mailing services for problematic medicines, or were involved in advertising activities, could be regarded as accomplices.
"The interpretations offer a clearer legal basis for the prosecution and trial of cases involving the production and selling of counterfeit and substandard drugs," Xiong said.
Heavier punishment would be given to offenders during emergencies such as natural disasters or public health incidents like the current A/H1N1 flu outbreak, he said.
(Xinhua News Agency May 26, 2009)
