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Review of the case of Shanghai version drug God Guo Qiao's release of Shanghai version drug God

Recently, the case of the Shanghai version of "drug God" has aroused widespread concern. The reporter learned from Tong Mingyou, the defense lawyer of Guo Qiao, that Guo Qiao was released and restored his freedom today (January 4).

Case review:

The supply of 7-valent pneumonia vaccine has been cut off for three years. Guo Qiao and others' illegally purchased '13000 imported vaccines

In July 2018, the film "I'm not a god of medicine" became popular. Cheng Yong, the protagonist of the film, illegally imported affordable special drugs from India for the needs of white blood patients, known as the 'God of medicine'.

After the film was broadcast, many realistic versions of "drug God" surfaced. Guo Qiao is one of them. The network calls it the Shanghai version of "drug God".

Guo Qiao, the legal representative of Shanghai Meihua clove women's and children's clinic Co., Ltd. (hereinafter referred to as Meihua clinic), was arrested for purchasing, selling and inoculating 13000 vaccines imported without state approval and not tested according to law.

It is reported that from February 2014 to March 2017, China interrupted the import of 7-valent pneumonia vaccine for infants under 2 years old due to drug approval, and the supply was cut off for three years.

Guo Qiao and others found a supply channel for vaccine smuggling from Singapore. First, sun Yongping, the middleman, contacted the relevant clinics in Singapore. When Singapore prepared the goods, Hu Panpan received the news from sun Yongping, then instructed Jian Lihe and others to carry and transport the vaccine into the country, and finally increased the price in Meihua outpatient department.

According to the court's original judgment of first instance, from July 2015 to November 2016, Meihua outpatient department illegally purchased 11 imported vaccines for children from clinics in Singapore, a total of more than 13000, of which 80% were 13 valent pneumococcal vaccines, including rotavirus vaccine, varicella vaccine, five linked vaccine and six linked vaccine, with a total purchase amount of nearly 10 million yuan.

The court ruled on the case for the crime of selling counterfeit drugs. Guo Qiao was sentenced to seven years' imprisonment and fined 2 million yuan, and meihua outpatient department was fined 12 million yuan. The other three persons involved in vaccine sales, Hu Panpan and sun Yongping, were also sentenced to fixed-term imprisonment of 4-6 years and fined for the same crime.

Retrial and revision:

The new revision of the drug administration law ushers in an opportunity

Shortly after the broadcast of "I am not a god of medicine", Changchun Changsheng vaccine incident was exposed, and public opinion was turbulent for a time. Imported real vaccines are 'treated as' fake drugs, while domestic fake vaccines are flooded in the market.

Tong Mingyou told reporters that the release of "I am not the God of medicine" made more people realize that the unauthorized import of real drugs stipulated by the law is treated as fake drugs, which is too different from the normal simple and reasonable cognition. The occurrence of Changchun Changsheng vaccine case makes the people unimpeded to the fake vaccine, and the real vaccine is convicted and sentenced according to fake drugs.

"But this has no impact on the US China case." Tong Mingyou said.

Tong Mingyou said that the fact that had an impact on the change of sentence was that the supply of pneumococcal vaccine was cut off for three years during the second instance; The legal impact is the amendment of the drug administration law.

On August 26, 2019, the 12th meeting of the Standing Committee of the 13th National People's Congress voted and adopted the revised Drug Administration Law, which was officially implemented on December 1 of the same year. According to the new regulations, drugs imported without approval are no longer classified as counterfeit drugs.

On November 27, 2019, four days before the formal implementation of the revised Drug Administration Law, the Shanghai High Court made a ruling of second instance, revoked the original judgment of first instance in Guo Qiao case and sent it back for retrial.

The third branch of Shanghai procuratorate also made a written decision to change the prosecution, and re prosecuted the court for the crime of smuggling goods prohibited by the state from import and export.

On December 28, 2019, the retrial of Guoqiao case was pronounced. The third intermediate people's Court of Shanghai sentenced the vaccine smuggling case in Meihua outpatient department -- the charges of the legal representative Guo Qiao and the other three defendants were changed from the crime of selling counterfeit drugs to the crime of smuggling, and the prison term was also greatly shortened.

Among them, Guo Qiao was sentenced to 2 years' imprisonment and fined 50000 yuan.

This is also the first public case sentenced for the crime of selling counterfeit drugs and ushered in the change of sentence after the implementation of the newly revised Drug Administration Law.

'feel the goodwill released by the judiciary'

It is reported that on the day of the retrial, after the hearing at 10:30 a.m., the trial lasted 90 minutes. At 2 p.m., the judge delivered his sentence.

"The defendants Hu Panpan, sun Yongping, Guo Qiao and the Meihua outpatient department of the defendant all surrendered themselves and may be given a lighter or mitigated punishment."

Tong Mingyou recalled that there was no fierce confrontational debate at the retrial session, and as a defender, he only made a light and excusable defense.

"Before the drug administration law came into force, the Shanghai high court sent it back for retrial and the third intermediate people's Court changed the judgment. In fact, it was within the legal framework of the State prohibiting the unauthorized import of drugs. According to the special circumstances of this case, Meihua and Guo Qiao were treated as mitigated as possible. Meihua and Guo Qiao felt the goodwill released by the judicial authorities." He said.

Earlier, Yuan Jie, director of the administrative law office of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, stressed that drugs imported without approval should be removed from & lsquo; Fake drugs & rsquo; Taking it out does not mean reducing the punishment. The import of drugs from abroad must be approved, which is a principle and a constant provision in law.

Since the sentence was changed, Guo Qiao's sentence was shortened from seven years to two years. Since the first instance judgment in January 2018, Guo Qiao has been detained for two years. Today, Guo Qiao was released and restored his freedom.

(source: Beijing News)