The party concerned in the Shanghai version of Yaoshen case has been sentenced to a shorter term of imprisonment after his release today

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 The party concerned in the Shanghai version of Yaoshen case has been sentenced to a shorter term of imprisonment after his release today


Case review:

Three years after 7-valent pneumonia vaccine was cut off, Guo Qiao and others illegally purchased 13000 imported vaccines

In July 2018, the movie I am not the God of medicine became popular. Cheng Yong, the protagonist of the film, is known as the God of medicine for illegally importing affordable special drugs from India to meet the needs of white blood patients.

After the film was broadcast, many real versions of drug God appeared, Guo Qiao was one of them, and the network called it drug God of Shanghai version.

Guo Qiao, the legal representative of Shanghai Meihua Dingxiang women and children clinic Co., Ltd. (hereinafter referred to as Meihua clinic), was arrested for purchasing, selling and inoculating 13000 vaccines that had not been approved by the state for import and tested according to law.

It is reported that during the period from February 2014 to March 2017, China suspended the import of 7-valent pneumonia vaccine for infants under 2 years old due to drug approval, which lasted for three years.

Guo Qiao and others found a vaccine smuggling supply channel from Singapore. First, sun Yongping, the middleman, contacted relevant clinics in Singapore. When Singapore prepared the goods, Hu Panpan immediately received the news from sun Yongping. Then he ordered jianlihe and others to bring and transport the vaccine into China, and finally increased the price in the outpatient department of us and China.

According to the original first trial decision of the court, from July 2015 to November 2016, the outpatient department of us and China illegally purchased 11 kinds of imported vaccines for children from clinics in Singapore, totaling more than 13000 pieces, 80% of which were 13 price pneumococcal vaccines, including rotavirus vaccine, varicella vaccine, penta vaccine and hexa vaccine, with a total procurement of nearly 10 million yuan.

Guo Qiao was sentenced to seven years in prison, a fine of 2 million yuan, and a fine of 12 million yuan for the US China Clinic. Hu Panpan and sun Yong, the other three involved in vaccine sales, were also sentenced to prison terms ranging from 4 to 6 years and fined for the same offence.

Retrial and judgment change:

New revision of drug administration law ushers in an opportunity

Shortly after the broadcast of I am not the God of medicine, Changchun Changsheng vaccine incident was exposed, and the public opinion was turbulent for a while. Imported real vaccines are regarded as fake medicines, while domestic fake vaccines are full of market.

Tong Mingyou told reporters that the release of Im not the God of medicine made more people realize that the illegal import of genuine drugs 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 public unimpeded on the false vaccine, and the true vaccine is compared and commented on according to the conviction and sentence of false medicine.

But this has no effect on the US China case. Tongmingyou said.

Tong Mingyou said that the fact that pneumococcal vaccine was found to be cut off for three years during the second trial had an impact on the revised judgment; the legal impact was the revision of the drug administration law.

On August 26, 2019, the 12th meeting of the Standing Committee of the 13th National Peoples Congress voted to adopt the revised Drug Management Law, which was formally implemented on December 1 of the same year. Under the new rules, drugs imported without approval are no longer classified as fake.

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

The third branch of Shanghai procuratorial court also made a decision to change the indictment, and filed a new indictment to the court for the crime of smuggling goods prohibited by the state from import and export.

On December 28, 2019, Guo Qiao case was retrialed and sentenced. Shanghai third middle court sentenced Guo Qiao, the legal representative, and the other three defendants to smuggling instead of selling fake drugs, and the sentence was shortened significantly.

Guo Qiao was sentenced to two years in prison and a fine of 50000 yuan.

This is also the first public case to be punished for the crime of selling fake drugs after the implementation of the newly revised Drug Administration Law.

Feeling the good will released by the judiciary

It was reported that on the day of the retrial, the hearing lasted for 90 minutes after 10:30 am. At 2 p.m., the judge delivered the sentence.

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

Tong Mingyou recalled that there was no fierce confrontational debate in the retrial session, and that as a defender, he was only doing a light crime and justifiable defense.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true}););); Shanghai high court sent back for retrial before the drug administration law came into effect and the third middle court changed its judgment. In fact, in the legal framework of the states prohibition of drug import without approval, according to the special circumstances of this case, Meihua and Guoqiao were given as much mitigation as possible. Meiqiao Both Hua and Guo Qiao feel the goodwill released by the judiciary. He said. Previously, Yuan Jie, director of the administrative law office of the Legislative Affairs Committee of the Standing Committee of the National Peoples Congress, stressed that taking drugs imported without approval out of fake drugs does not mean reducing punishment. It is a principle and a unchangeable rule of law that the import of drugs from abroad must be approved. Since the sentence of Guo Qiao was shortened from seven years to two years after the change of sentence, and Guo Qiao has been detained for two years since the first trial in January 2018, today, Guo Qiao has been released and restored to freedom. Source: author of Beijing News: Wang Jun editor in charge: Hua Chengyu

Before the drug administration law came into force, Shanghai high court sent back for retrial and the third middle court changed its judgment. In fact, within the legal framework of the states prohibition on the unauthorized import of drugs, according to the special circumstances of this case, Meihua and Guoqiao were treated with the greatest possible mitigation. Meihua and Guoqiao both felt the good faith released by the judicial organs. He said.

Previously, Yuan Jie, director of the administrative law office of the Legislative Affairs Committee of the Standing Committee of the National Peoples Congress, stressed that taking drugs imported without approval out of fake drugs does not mean reducing punishment. It is a principle and a unchangeable rule of law that the import of drugs from abroad must be approved.

Since the sentence of Guo Qiao was shortened from seven years to two years after the change of sentence, and Guo Qiao has been detained for two years since the first trial in January 2018, today, Guo Qiao has been released and restored to freedom.