"Cheng Yong, do you have anything else to say about your sale of counterfeit medicines?"

In the interrogation hall of the police station, Cao Bin looked at his former brother-in-law, and he didn't know what to say.

When he was dealing with this case of counterfeit drugs in India, he saw too many leukemia patients struggling on the line of life and death.

They can only wait to die because they can't afford to import expensive imported drugs, but although India's anti-pharmaceutical products have medicinal effects, they are obviously illegal.

As a people's policeman, he was also confused when he encountered a conflict between law and human feelings.

Who is wrong? I am also acting according to the law, but why is this happening?

In the end, he could only reluctantly blame the pharmaceutical companies for this incident, believing that they were too profit-oriented and the high pricing led to this tragedy.

And for his ex-brother-in-law, who was arrested for selling fake drugs to save people, his feelings are also very complicated.

He used to look down on this uneducated ex-brother-in-law, but what he is doing now makes him feel admired.

And when Cao Bin was chasing Huang Mao before, Huang Mao died in a car accident, just like Cheng Yong said, he just wanted to live, what is his crime?

Now Cao Bin's psychology, sympathy, guilt, and admiration are mixed, but he still has to do business.

"I ......"

Cheng Yong originally wanted to say that he knew that he had broken the law, and he pleaded guilty, and he was convinced no matter how he was sentenced.

But at this time, the door suddenly opened, and Zhang Wei walked in with a smile, followed by Ren Chuan and Zou Yu.

"Hello, Officer Cao, I am Mr. Cheng Yong's defense lawyer, Zhang Wei, this is my business card, these two are also defense lawyers, Zou Yu, Ren Chuan. ”

Zhang Wei smiled and shook Cao Bin's hand, then sat down and said: "I have a general understanding of Mr. Cheng Yong's situation, and I will answer the next questions on behalf of my client, I hope you can understand, and I will try my best to cooperate with you." ”

Cheng Yong looked at the few people who walked in, and asked a little embarrassed when he heard Zhang Wei's words, "That...... I don't think I have hired a lawyer yet, do I?"

"I'm sorry, I forgot to introduce myself to you, Zhang Wei, I am the lawyer hired by the Leukemia Public Welfare Association.

If you are now sure of authorization, I will take over your lawsuit in the next step and ensure that your legitimate rights and interests are not violated. ”

Cao Bin glanced at Cheng Yong, and then said: "Hurry up and agree, it is your right to ask a lawyer, you don't need the consent of our police, it's just your right granted by the law." ”

He also hopes that the person in front of him will be exempt from the punishment of the law to the greatest extent.

"Okay, I agreed, thank you, please make a trip. Cheng Yong nodded, indicating that he accepted Zhang Wei to defend himself.

"Okay, Mr. Cheng Yong, as far as I know, you have only been purchasing drugs for leukemia patients in recent months, right?

I admire your behavior very much, I will guarantee that you will go out soon, the Chinese New Year is coming soon, I heard that you also have a son, I think you will reunite with him and have a good year. ”

Zhang Wei heard his affirmative reply, and then said with a smile.

Cheng Yong was stunned at first when he heard this, and originally wanted to say that I had been selling fake drugs before, but when I heard my son later, I silently shut my mouth.

No one is willing to go to prison, even if he is ready to sacrifice a long time ago, it does not mean that he is willing to go to prison.

His current mentality is that if this lawyer can help him, he will try to help him, and if he can't help it in the end, he will not complain to anyone, and he deserves it.

When Cao Bin heard this, he frowned: "Lawyer Zhang, I want to correct some of the problems in what you just said, Cheng Yong is guilty of selling counterfeit drugs, and according to the information we received, it seems that he did this kind of thing a long time ago, and it didn't start recently." ”

Zhang Wei smiled when he heard this: "Officer Cao, I will answer your questions one by one."

But I want to ask, do you know the legal definition of counterfeit medicine?"

Cao Bin was stunned for a moment when he heard this, and then replied very fluently: "According to Article 48 of the Drug Administration Law, drugs that must be approved in accordance with the law but are produced or imported without approval, or drugs that must be inspected in accordance with the law but are sold without inspection shall be treated as counterfeit drugs.

and the second paragraph of Article 141 of the Criminal Law, which stipulates that the term "counterfeit drugs" as used in this article refers to drugs and non-drugs that are counterfeit drugs and are treated as counterfeit drugs in accordance with the provisions of the Drug Administration Law. ”

Ren Chuan, who was sitting next to him, was stunned for a moment when he heard this, he originally thought that this police officer should not understand this legal concept and was about to popularize science with him, but who knew that he would speak it completely fluently.

Cao Bin seemed to see that several people were a little surprised, and explained: "I was in charge of this case before, and I don't understand why the medicine with medicinal effects was said to be a fake drug."

So I went to check it out on purpose, and I read it several times, so I have memorized it. ”

That's right, the punishment of "Glenin" as a fake drug is based on the two provisions mentioned by Cao Bin.

Although the law is clear, there is still considerable controversy in practice.

Some views support the "substance theory", because the purpose pursued by the Drug Administration Law and the Criminal Law is different, the former is more formal, and although the punishment is lighter, it is consistent with the responsibilities of drug administration;

The latter pays more attention to substance, and needs to strictly meet the standards of criminal responsibility in the determination.

It is obviously inappropriate to identify counterfeit drugs in the criminal sense only on a formal basis.

There are even more supporters of the "formal theory", because the judicial interpretation clearly stands on the position of formal judgment, and as long as the approval number is not obtained, it will be treated as "counterfeit medicine".

This issue is controversial not only in judicial circles, but also outside the legal circle. In the simple values of the common people, what can cure diseases and save lives is the real medicine, and the provisions of the law are contrary to the general perception of the public to a certain extent.

But in any case, it is an indisputable fact that generic drugs in India are legally counterfeit drugs.

Although Zhang Wei was also a little surprised that he could explain this concept so fluently, he still said.

"Thank you for your explanation, but I want to say that my client is not selling counterfeit medicines. ”

Cao Bin was stunned for a moment when he heard this, he originally thought that the other party's lawyer should strive for leniency for him on the basis of Cheng Yong's subjective willingness to help the patient.

As a result, the lawyer on the other side directly said that he was not selling counterfeit drugs?

Damn, although I sympathize with him and want to help him, but the fact that he sells counterfeit drugs is conclusive, do you just want to help him get rid of his crimes?

It seems that the mediocre-looking lawyer on the other side is a bit ambitious.

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