Identification of subjective liability factors for the crime of providing counterfeit drugs and analysis of the path to decriminalization
The"Eleventh Amendment to the Criminal Law of the People's Republic of China"adds a new crime type of"the crime of providing counterfeit drugs"on the basis of"the crime of producing and selling counterfeit drugs".To correctly handle the case of providing counterfeit drugs,first of all,it should be clear that the tradition-al presumption rules cannot solve the problem of"knowing perfectly well"under the new crime system,that is,what the perpetrator"knowing perfectly well"does not mean that his behavior will have actual harmful conse-quences that seriously endanger the life,health and legal interests of others,but it will put the life and health of others in a dangerous state;secondly,the"profit-making purpose"of this crime should be interpreted doctrinally through a general description and specific judgment of subjective overriding factors;finally,out of the modesty of criminal law,for the cases of providing counterfeit drugs that violate the drug regulatory order but do not infringe the interests of life and health,it can be decriminalized by using the method of dangerous counter-evidence or by using the"proviso"clause in specific cases.
crime of providing counterfeit medicinesknowing perfectly wellprofit-making purpose"proviso"clause
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