Illegal sale of diet pills is suspected of a criminal offence, which may involve the crime of producing and selling fake and inferior products, the crime of producing and selling fake drugs or the crime of producing and selling inferior drugs. The criminal suspect's behavior undermined the Internet economic order and the national drug supervision order, infringed on the legitimate rights and interests of consumers, weakened the trust between e-commerce and consumers, and seriously violated relevant laws and regulations.

Legal analysis

Under the guidance of the People's Livelihood Criminal Law, in order to strengthen the protection of people's lives, health and safety, the relevant laws changed the crime of selling counterfeit drugs from a dangerous crime to a behavioral crime, and intensified the crackdown on the manufacture and sale of counterfeit drugs. The crime of producing and selling counterfeit drugs aims to protect multiple legal interests, which are divided into primary and secondary ones. When there is a value conflict between primary and secondary legal interests, the principle of protecting the legal interests of the subject should be adopted. On the level of criminal law norms, the law of protecting citizens' life and health is beneficial to the dominant position, while maintaining order is in a subordinate position, with the aim of better protecting individual legal interests. The identification of counterfeit drugs should be based on whether the drug has real curative effect, not just on whether it has obtained the batch number of the drug supervision department in form. The production and sale of counterfeit drugs not only seriously endanger the life, health and safety of the public, but also greatly undermine the normal order of the drug market. In order to solve the problem that it was difficult to identify and attack such crimes in the past, the provisions of this crime were adjusted: on the one hand, it solved the dilemma of identifying crimes seriously endangering human health in judicial practice, on the other hand, it made the application of fine punishment operable.

legal ground

Article 141 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. Drug addicts who knowingly provide counterfeit drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph. The term "counterfeit drugs" as mentioned in this article refers to drugs and non-drugs that belong to counterfeit drugs and are treated as counterfeit drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC).