Source: Hong Kong 01
Author: Deng Feng
Many people should still remember that in 2018, a realist movie in Mainland China is not a medicine god.The film tells the story of a cheap generic drug for a boss smuggling and purchasing from India for treating leukemia. It has impressed many people and promoted the Chinese government to solve the problem of patients who could not afford and import anti -cancer drugs.
Recently, a real version of the "Medicine God" case was sentenced in the first instance of the Mainland, but the parties were convicted but exempt from criminal punishment.It is reported that the parties are named Hu A (the net name "Iron Horse Glacier"). His little daughter has been diagnosed with "nodular sclerosis" since childhood, which is mainly manifested as "epilepsy and intellectual disorder".It will endanger life.However, the treatment of drugs Xipun Ning was not listed in the Mainland. He found overseas purchasing and slowly established purchasing channels.
In 2019, he met with a few parents of epilepsy in Beijing, and then led the WeChat group to purchase clotal, Xipbomycin, and Ripptomycin for the children of the children.These three drugs are not qualified to sell in the Mainland. Among them, chinena is also a second -class psychotropic drug controlled by the Mainland. It has the dual attributes of drugs and clinical drugs.During the two years, Hu A's purchasing a total of 1.2386 million (RMB, the same below, about S $ 240,000) from overseas purchasing from overseas, of which 504,100 yuan was sold to others, and the sales of clubs accounted for more than 31,000 yuan.
In July 2021, he was controlled by the police in Zhongmu County, Henan Province.Before the trial, more than 100 parents of children jointly submitted a love letter, hoping to sentence Hu A brother to innocence.In April 2022, Brother Hu was taken for a bail pending trial.On March 31st this year, the Zhongmu County Court sentenced Hu A's brother to commit illegal operations, considering that his social harm was less harmful, and was exempted from criminal punishment.At the same time, the three mothers involved in Hu A's brother's case received a decision on the legal non -prosecution of Zhongmu County Procuratorate.
It should be said that the first trial of the Zhongmu County Court of Henan was actually a balanced and temperature of the balance of justice, showing flexibility and humanization.The trial chief of Hu A's case explained when answering the reporter's question. On the one hand, "Hu Aya knows that the drugs involved in the case must not be sold without permission, and they still publish drug sales messages many times in the WeChat group built.And teach how the consumer should deal with customs inspections "," the amount of drugs sold in the WeChat group in the WeChat group exceeds 500,000 yuan ", exceeding the Supreme Court and the Supreme Procuratorate" do not implement self -rescue and mutual assistance production specified by the Supreme Court and the Supreme Procuratorate.The scope of the behavior of importing and selling drugs, on the other hand, Hu A's brother does not involve selling smuggling drugs, "the subjective malignancy of illegal operation is less", "less social harm", "limited profit", "for treatment of diseases for treatment of diseasesThe purpose of the purpose is exempted from statutory crimes.
For the case, there are three places worth thinking about.First, before the bail pending trial, the brother Hu was detained for 9 months. Whether it is necessary, reasonable, if unnecessary, unreasonable, whether there is a compensation mechanism in accordance with the law.
As the chief trial said in the case, Hu A's brother "actively explained the location of the drug involved in the case after the incident.The case is "less subjective and malignant in illegal operations", "less social harm", "for the purpose of treating diseases", the partner Hu A brother should be a citizen with law enforcement. The case is small and small.Detention for so long.
In 2022, the procuratorial daily report hosted by the Supreme Procuratorate better implemented less caught and prosecuted criminal judicial policies that the legal criminals that endangered the order of economic and social management "mostly subjective malignant, less social danger, and the basis for convictions.Focusing on objective evidence, the demand for counterfeit supply has weakened, and the impact of non -detained compulsory measures on handling cases is small. "With the development of social governance and the improvement of the technical level of public security organs," most of the criminal cases, arrest, detention, prosecution prosecutionThe necessity is no longer a matter of granted. Many cases can not be arrested or detention can also guarantee litigation. Some cases can also achieve the effects of punishment, education, and rescue.The prosecution model of '' full complaints', with the spirit of respecting and guaranteeing human rights in the Constitution, and the requirements of the modernization of the country, it is obviously not compatible and needs to be re -examined. "Proposal to arrest the concept of procuratorial judicial concept of prosecution.Judging from the current information, if there are no special circumstances, Hu Ayi's case should apply less to arrest the concept of judicial concepts.
Secondly, as the defense lawyer of Hu A's case said in the interview, "Although he was convicted but was exempted from criminal punishment, it was a temperature of a temperature." The construction of the rule of law in China requires more legal and temperature trials.Showing fairness and justice in each case, guarding the spirit of the rule of law, and protecting human rights is the direction of Chinese justice.
Over the past years, the Chinese government has repeatedly emphasized the governance of the country according to law, and even promoted judicial reform for this.But in reality, many people still lack confidence in the construction of the Mainland's rule of law.Among them, one of the very direct reasons is that some local government lacks the spirit of the rule of law in the process of law enforcement, and even the laws of law are inconsistent, illegal, and human rights that have not effectively protected the constitution in some specific cases.
For example, "malicious returns", "apology", "iron -locking door", "giving red code to the store" during the epidemic period.In some places, they ignore the legitimate rights and interests of private enterprises, and "new officials ignore the old affairs" and refuse to fulfill the contract signed by the enterprise in accordance with the law.For another example, the defense lawyer of Hu A's case mentioned that he "encountered many cases in practice, and set the hasty of the production, operation, and sales of psychotropic drugs and anesthesia drugs as a drug crime.It is also worthy of attention.The vitality of the rule of law lies in the implementation, allowing the people or private entrepreneurs to feel the fairness and justice and the spirit of the rule of law from each specific case, which is the key to the current rule of law construction in the Mainland.
Third, Hu A's case reflects the lack of the treatment of rare diseases in the Mainland.For some more serious diseases, if the mainland lacks good -effect alternative drugs, and medicines with better curative effects overseas cannot be introduced in time, then purchasing and smuggling must be a common sense of people.This is why there is a profitable space for Hua to sell overseas purchasing drugs to others, but there are still more than 100 parents of children who co -name for him.After all, people have the natural rights and interests of self -help and self -service in critical condition.For the government, if you want to fundamentally resolve the dilemma of insufficient efficacy of the mainland alternative drugs and the dilemma of illegal purchase of overseas effective drugs, you can only strive to promote the research and development or import approval of related drugs.
It is worth noting that Hu A's case has attracted the attention of the national level.On June 29, 2022, the State Drug Administration issued a notice on printing and issuing the "Clinical Urgent Pharmaceutical Import Work Plan" and "Clotic Temporary Import Work Plan", which opened a legal channel.This is a positive signal.In the long run, the Mainland should continue to speed up related work so that more patients can buy and buy medicines with better results.
