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How to obtain evidence of health care product fraud

Legal analysis

If problems are found in the purchased health care products, you can report or prosecute to the relevant departments according to different situations on the basis of retaining good evidence. If you buy unqualified health food or fake and inferior products, you can call the food and drug complaint hotline 1233 1 to report to the local food and drug administration. After investigation, the Food and Drug Administration found that it was indeed unqualified or fake and shoddy products and would confiscate it. If the circumstances are serious, it will be handed over to the public security organ for handling.

The seller has false propaganda, unlicensed production and quality problems. Consumers can call the complaint hotline of the industrial and commercial bureau 123 15 to report or bring a lawsuit directly to the court to demand compensation from the merchants. If the amount of fraud involving health care products is huge or causes serious consequences, you can report the case directly to the local public security organ.

Health products fraud, defrauding public and private property to reach the prescribed amount standard, under any of the following circumstances, may be given a heavier punishment as appropriate:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the above-mentioned standards of "huge amount" and "especially huge amount", and it belongs to one of the circumstances specified in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be recognized as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC)

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 192

Whoever defrauds illegal fund-raising for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount of punishment is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.