I wonder if I will be sentenced for selling without knowing that it is a fake drug.

In theory, knowing that it is a counterfeit drug and selling it does not constitute the crime of selling counterfeit drugs. If it can't be proved that the actor really knows or should know about the sale of counterfeit drugs during the trial of judicial practice cases, it does not constitute a crime and will not be punished.

The subjective element of the crime of selling fake drugs is the intentional plot of the actor, that is, the actor knows that he sells fake drugs and seeks benefits by it. In judicial practice, the judicial organs will make judicial inferences about whether the actor is unaware of the act of selling counterfeit drugs, and can't judge completely by the statement of the actor. If it is judged to be a legal situation that the actor should know, it will be treated as the crime of selling counterfeit drugs.

The crime of counterfeit drugs refers to the behavior that producers and sellers produce and sell counterfeit drugs in violation of national drug management laws and regulations, which is harmful to human health. According to the provisions of the Eighth Amendment to the Criminal Law, as long as there is subjective intention to produce and sell counterfeit drugs, it constitutes this crime.

Criminal law of the people's Republic of China

Article 141 Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also 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 ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.

Extended data:

Case:

The man was sentenced for selling counterfeit drugs to many places in Hubei through logistics.

People's Daily Online Tuanfeng 1 1.4 Recently, police in Tuanfeng, Hubei Province cracked a case of selling counterfeit drugs, arrested seven suspects suspected of selling counterfeit drugs, and successfully disintegrated a counterfeit drug sales network scattered in more than 0 cities in Hubei and Hunan provinces/kloc-0.

An order led to a major case of counterfeit drug sales.

2065438+September 2005, Tuanfeng County Food and Drug Administration received a report from the person in charge of a local pharmacy that the drugs it recently purchased from a pharmaceutical company in Wuhan were suspected to be counterfeit. The food and drug supervision department immediately inspected the drugs provided by the pharmacy, and the US Food and Drug Administration in Huanggang determined that the alarm was indeed a counterfeit drug.

At the end of 20 14, a man in Wuhan claimed to be a salesman of a pharmaceutical company in Wuhan, leaving the drug price list and contact information to the person in charge of Tuanfeng No.1 pharmacy. In late August of 20 15, the person in charge of the pharmacy found that the drugs for treating cardiovascular and cerebrovascular diseases were in short supply, and just as the drugs needed were on the price list of the pharmaceutical factory, he ordered from the other party by phone.

Soon the pharmacy received the logistics medicine, but strangely, the medicine received was several boxes more than the medicine originally ordered from the other party on the phone. After inspection, the person in charge of the pharmacy found that the drug packaging sent by the other party was slightly different from the genuine products sold by the previous pharmacy, and immediately reported the case.

After careful investigation, a huge fake sales network surfaced.

According to the clues provided by the police and the delivery list of the logistics company, Tuanfeng police conducted in-depth investigation step by step, and finally determined that the suspect was Tang Moumou, male, living in Wuhan, 20 15 10.30. After carefully arranging the arrest plan, Tuanfeng police arrested Tang Moumou at his residence in Wuhan and seized the counterfeit "Fudafu" 100 box.

After investigation, Tang Moumou, a native of Hubei, once worked in a pharmaceutical company in Wuhan and had a criminal record of illegally operating drugs. Since 20 14, Tang has sold drugs to pharmacies in Hubei 10, such as Huanggang, Xianning, Yichang, Jingmen, Jingzhou, Suizhou, Huangshi, Xiaogan, Enshi, Yueyang, etc., by collecting money from logistics companies, with a cumulative amount of 10 million yuan.

According to Tang Moumou, he contacted from other places to buy drugs (some of which were fake drugs), and the other party sent drugs to Hubei through a logistics company, and Tang Moumou then distributed drugs to various regions in Hubei for sale.

After investigating Tang's logistics list, Tuanfeng police went to Yichang, Xianning and other places to investigate the person in charge of pharmacies buying and selling counterfeit drugs in Hubei according to law to ensure that the case was identified and the relevant evidence was locked. In April of 20 16, after nearly half a year's careful investigation, Tuanfeng police went to Harbin, Tianjin and other places to investigate and successfully arrested Yu Moumou, the "seller" who sold drugs to Tang Moumou.

At present, six suspects suspected of selling counterfeit drugs, including Tang Moumou, have been sentenced by the Tuanfeng Court according to law, and Yu Moumou has been criminally detained by the Tuanfeng police according to law. The case is still under investigation.

References:

China people's congress network-criminal law

References:

People's Daily Online-Men were sentenced for selling fake drugs to many places in Hubei through logistics.