Because of his experience similar to the movie " I am not a medicine god ", when the movie was popular in 2018, Liu Fuying told his wife that he was very entangled and wanted to give up, "But there have been patients' families who have been asking him to buy medicine, and they were originally going to stop doing it after the New Year."
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05 for purchasing unauthorized Indian medicines, 29-year-old Liu Fuying was arrested by the Jiangsu Kunshan police for purchasing unauthorized Indian medicines.
Liu Fu must be from Macheng City, Huanggang City, Hubei Province. He was exposed to Indian generic drugs because he had hepatitis B. During this process, Liu Fuying discovered that a new drug, "Sophobvir", was launched in India, can cure hepatitis C and is much cheaper than the genuine drug. Liu Fuying's family said that Liu Fuying gradually came up with the idea of purchasing drugs from India.
In 2017, Liu Fuying went to India for a month, and after returning to China, he began to purchase Indian medicines through online stores. Because his experience is similar to the movie "I Am Not a God of Medicine", when the movie was hit in 2018, Liu Fuying told his wife that he was very entangled and wanted to give up, "But there have been patients' families who have been asking him to buy medicine, and they were originally going to stop doing it after the New Year."
On December 26, 2018, Liu Fuying was arrested by Kunshan police. Liu Fuying's defense lawyer Zhou Xiaoyang said that the police investigation found that there are three types of drugs sold by Liu Fuying. In addition to generic drugs for treating cancer, there are also psychotropic drugs and Viagra, and the case value involved is relatively large. "He (Liu Fuying) himself told me that anti-cancer drugs account for the vast majority of the drugs he purchased on behalf of him."
, the prosecutor in charge of approving the arrest of the case, told the Beijing News reporter that the case is currently in the arrest stage and has not been transferred to the procuratorate. "He is involved in many drugs, and there are all kinds of drugs." Regarding the anti-cancer drugs part of the drugs involved in the case, the prosecutor said that he would pay attention to this part and conduct a comprehensive review of the case.
Zhou Xiaoyang said that the legislative purpose of cracking down on counterfeit drugs is understandable, but this has led to the frequent occurrence of Lu Yong's case similar to the prototype cases of "I Am Not a God of Medicine". He suggested that the Supreme Court provide lenient guidance and adjustments to similar criminal cases in the form of sentencing guidance, or the Supreme Court and the Supreme Court and the Supreme People's Procuratorate in the form of approval, to prevent one-size-fits-all, to amend the Drug Administration Law in a timely manner, and to make corresponding adjustments to the definitions of drugs and fake drugs.
▲ In 2017, Liu Fuying was in India. Photo provided by the interviewee
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suspected of selling fake medicines
March 20, it was raining in Macheng City, Huanggang City, Hubei. 29-year-old Zeng Ming (pseudonym) held his 2-year-old son and waited for his 4-year-old eldest daughter to get out of school. Since her husband Liu Fuying had an accident, she has lived with her two children alone. Whenever the child asks about his father, she comforts, "Dad is on a business trip."
At this time, it has been 84 days since Liu Fuying was arrested. Zeng Ming said that on the afternoon of December 26, 2018, a local policeman from Huanggang led several plainclothes policemen from Kunshan, Jiangsu to knock on the door and searched the house. He then took her husband Liu Fuying away, and also took her away her computer and mobile phone. "The police told my husband that if you have children at home, we won't handcuff you."
Liu Fuying's suspected crime is the crime of selling fake medicine.
"We also knew before that Liu Fuying purchased Indian medicines and various Indian items for others online. Before he was arrested, he had already planned to stop doing it after the New Year, so he stocked up a batch of Indian medicines and prepared to sell them to patients for a transition so that he could find other purchasing agents. Unexpectedly, he was arrested before the New Year." Liu Fuying's mother Mao Youzhen said on the phone.
Zeng Ming recalled that her husband first came into contact with Indian medicine because he suffered from hepatitis B, which had a lot of impact on his life and work, and he often felt inferior. He searched for the "Hepatitis B Patient Group" through the QQ group, and with the recommendation of his patients, he started taking Indian hepatitis B drugs. Compared with the domestic 600 yuan per month, Indian drugs only cost 100 yuan per month, which can achieve the same effect.
In order to treat hepatitis B, Liu Fuying often searched for information online and found that a new drug "Sophobvir" was launched in India, claiming that it was almost 100% cured for hepatitis C. It takes about 2,600 yuan for one course of treatment for "Sophobvir" for three months, while a course of treatment for genuine drugs costs about 100,000 US dollars, and this drug has not been launched in China.
"Hepatitis B cannot be completely cured, and needs to take medicine and regular check-ups. This information gave him hope. He continues to pay attention to Indian medicine and looks forward to the launch of drugs to cure hepatitis B in India one day." Zeng Ming introduced that in 2017, Liu Fuying applied for a tourist visa and went to India alone for one month to find the local drug market.
People close to Liu Fuying said that Liu Fuying had previously done quality inspection work in an air conditioning factory in Guangzhou, with a monthly salary of three to four thousand yuan. In 2014, he married Zeng Ming and gave birth to two children, only two years apart. "At that time, his salary was not enough to support the milk powder and child support for his two children, and he also had a mortgage of 2,000 yuan per month."
India's drug market left a deep impression on Liu Fuying. The above-mentioned insider said, "It's like a vegetable market. People from all over the world buy medicine here. There are many people every day. Locals are also queuing up at the entrance of the pharmacy. He found a regular pharmacy, checked his qualifications, and issued a formal invoice." After returning to China, Liu Fuying opened two online stores on Taobao . The keyword set is "Indian purchasing agent". After the buyer asked for items that needed to be purchased on behalf of others, he asked the Indian agent to send the goods from India to China through express delivery. He usually also stores a portion of the more commonly used Indian medicines, and according to the needs of the patient, the express delivery is to the buyer.
In Wuhan, Liu Fuying rented a small room of 10 square meters to store some Indian medicines. At the end of July 2018, Liu Fuying found his cousin Mao Chengfeng and asked him to help deliver the medicines to customers with a monthly salary of 2,000 yuan.
Mao Chengfeng's defense lawyer introduced that on December 26, 2018, as the suspect of a joint crime, Mao Chengfeng was also arrested by Kunshan police. The lawyer said that Mao Chengfeng did not know that it was a drug later, but the English version was not clear about the name, source and purpose of the drug. It was not until early November 2018 that he knew that it was smuggled and it was not known that it was an illegal act.
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There are many types of drug purchases
In July 2018, the movie "I Am Not a God of Medicine" was released. At this time, Liu Fu should have purchased Indian drugs on behalf of him for more than a year.
People close to Liu Fuying said that Liu Fuying had just started watching the case of Lu Yong and learned that the procuratorate would not prosecute in the end, thinking that purchasing Indian medicine was not illegal. After watching the movie, Liu Fuying understood the illegal situation of purchasing Indian medicine on behalf of others, and he was very conflicted. Zeng Ming recalled that her husband also said at the time that he didn't want to continue to do purchasing agents, but there were still many old patients who wanted to buy medicine from him, and he continued to do it until he was arrested by the police.
At the end of 2018, Kunshan police found that someone sold psychotropic drugs locally and was seized by Jiangsu Customs. After being arrested, the other party revealed that Liu Fuying was launched. According to preliminary investigation, it is suspected of selling a large number of fake drugs, not only anti-cancer drugs, but also Viagra (commonly known as Viagra), and the case value involved is large.
On March 28, 2019, a reporter from the Beijing News contacted Kunshan police by phone. The other party said that the case is currently in the investigation stage and will not accept interviews. According to the prosecutor responsible for approving the arrest of the case, the case has not been transferred to the procuratorate at present. "He has involved a lot of drugs, and there are all kinds of drugs." Regarding the part of the drugs involved in the case, the prosecutor said that he will also pay attention to this part and will conduct a comprehensive review of the case.
During the meeting in the detention center, Liu Fuying also introduced to the defense lawyer that there are three types of Indian medicines purchased by him. The first is psychotropic drugs, the second is Viagra, and the third is anti-cancer drugs. "The anti-cancer drugs should be at least 95%. These are indeed real drugs, and there are 10 to 20 people, and I donate their drugs for free."
Liu Fuying's family said that the most anti-cancer drugs are "omitinib" for treating lung cancer, "sofibuvir" for treating hepatitis C, and "gleevee" for treating leukemia, etc. The original drug "Gleevee" is priced at 5,000 yuan per bottle, and the "Indian generic drug" with the same efficacy. In the movie "I Am Not a God of Medicine", Cheng Yong is sold for 500 yuan per bottle, and Liu Fuying sells for 350 yuan per bottle."
Regarding the sale of Viagra drugs, Liu Fuying said that it is to increase the sales of online stores, and its profit is very low. As for psychotropic drugs, Liu Fuying said that at the beginning, the next family in Kunshan found him to buy it, and he had never contacted him before. He asked Indian merchants and then picked up the goods and delivered them. He also searched online and found that these were secondary psychiatric controlled drugs and were not allowed to be sold in China. He told his next company, but the other party insisted, so he agreed.
"These psychotropic drugs are mostly purchased in China when students take exams or are in a hurry to study. The effect of eating can be excited and focused." Liu Fuying's family pointed out that in fact, his "Indian Purchase" online store is mainly to meet the needs of buyers. In addition to medicines, they also purchase various Indian items such as blankets, handicrafts, etc.
Beijing News reporter learned that on March 12, the procuratorate had reviewed the necessity of detention on Liu Fuying and Mao Chengfeng's application for bail pending trial and gave a decision not to file a case. The materials show that after review, it is believed that this case is a relatively complex joint crime and needs further verification. The suspects Liu Fuying and Mao Chengfeng need to continue to be detained, which does not comply with Article 95 of the Criminal Procedure Law, so they decided not to file a case.
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Please letter for patients who purchase drugs
Since purchasing Indian generic drugs in 2017, Liu Fuying has contacted many patients, who come from all over the country.
After Liu Fuying was arrested, his family found some of the previous drug purchasers, hoping to write a letter of mercy for him. A reporter from the Beijing News interviewed several families of patients who purchased drugs through Liu Fuying. During the phone call, several families who bought the medicine expressed their gratitude to Liu Fuying, so that they could buy Indian generic drugs at a lower price. After their family took them, their condition was relieved and they hoped that law enforcement agencies could "handle with lenient treatment."
Li Chunhua from Guangdong purchased Indian generic drugs through Liu Fuying, which has been a long time.
"In 2012, my mother suffered from interstitial pneumonia. The doctor said that she could only live for five years at most. Now it has been almost 7 years, and her mother's condition is OK." Li Chunhua said that at the beginning, the doctor recommended a drug called "pifenidone", but the genuine drug was expensive, about 7,000 to 8,000 yuan per month. In 2017, Li Chunhua found an online store to purchase Liu Fuying and purchased the Indian generic drug "pifenidone" at a price of 1,000 yuan per month. After taking it for a few months, my mother's condition was found to be under control, and my family was grateful for it.
"We also know that purchasing drugs on behalf of others is illegal. As the family members of the patient, we can also understand that the national regulations are for safety. However, we found that some people take Indian medicines with good effect and are much cheaper than domestic medicines. We must try our best to buy them." Li Chunhua knew that Liu Fu should make a difference from it. He believed that "no matter what, it is necessary to make money in business, after all, it has given us great help."
The family of the patient was unable to afford the price of the genuine drug, so Liu Fu was found to purchase Indian generic drugs on behalf of him. Yan Xingjun's aunt suffered from bone cancer and needed to take a drug called "pazopanib". It costs more than 10,000 yuan a month to buy genuine medicines. Through Liu Fu, you should purchase Indian generic drugs, which is 3,800 yuan a month. The condition has been stable since taking the medicine.
"At the beginning, I purchased medicines through relatives who were doing business in India. Later, my relatives stopped doing business and started looking for Liu Fuying to purchase them on their behalf." Yan Xingjun said that because some relatives brought the medicine back directly from India, they also knew the price of this medicine in India. "I know he didn't increase the price, it's only a few hundred yuan."
reporter from the Beijing News searched the keyword "Indian Purchase" on Taobao and found that a large number of merchants purchased various Indian drugs on behalf of others. In the product review, there are many photos and evaluations of various drugs, including the evaluation of Viagra and other drugs.The reporter randomly contacted several companies and asked if there were any anti-cancer drugs. The customer service said that there were such drugs and you can contact them via WeChat for specific details.
▲Liang Chaofeng’s pleading letter. Photo by Zuo Yanyan, reporter of Beijing News
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"This kind of case is worth reflecting on frequently"
In 2018, after the movie "I Am Not a God of Medicine" was popular, various cases of drugs entered the public eye.
On July 21, 2014, the film prototype Lu Yong was sued in court for suspected of "obstructing credit card management" and "selling fake drugs". On January 27, 2015, the Yuanjiang Municipal Procuratorate requested the court to withdraw the prosecution. The prosecutor said in the explanation of the law that he decided not to prosecute: "If Lu Moumou's behavior is determined to constitute a crime, it will deviate from the values that criminal justice should have." Lu Yong was eventually acquitted.
In 2019, the Fifth Intermediate Court of Chongqing announced a "Medical God" case. The defendants He and Li, who sold the Indian version of the anti-cancer drug Iresa, made a second-instance judgment, and decided to exempt him from criminal punishment. The second-instance judge of the case, Lu Junlian, believed that the defendant's behavior of selling unauthorized imported drugs and making profits from them hindered the national drug management order and should be convicted. However, because his behavior objectively reduced the economic pressure on the patients and saved and continued the lives of some patients, he determined that the circumstances of his crime were minor, and a judgment was made to be exempted from criminal punishment.
Zhou Xiaoyang said that the legislative purpose of cracking down on counterfeit drugs is understandable, but this has led to the frequent occurrence of Lu Yong's case similar to the prototype cases of "I Am Not a God of Medicine". He suggested that the Supreme Court provide lenient guidance and adjustments to similar criminal cases in the form of sentencing guidance, or the Supreme Court and the Supreme Court and the Supreme People's Procuratorate in the form of approval, to prevent one-size-fits-all, to amend the Drug Administration Law in a timely manner, and to make corresponding adjustments to the definitions of drugs and fake drugs.
Regarding the psychotropic drugs and Viagra involved in Liu Fuying's case, China University of Political Science and Law Professor Luo Xiang believes that in accordance with current laws and regulations, the crackdown on fake drugs is very severe. Whether it is purchasing Indian counterfeit anti-cancer drugs or other psychotropic drugs, as long as they are produced and imported without legal approval, they are all fake drugs in legal sense.
Luo Xiang said that the 2011 Criminal Law Amendment Eighth made the crime of selling fake drugs a crime, that is, as long as the counterfeit drugs are sold, it constitutes a crime. However, with the emergence of the Lu Yong case, a new judicial interpretation was issued in 2014. It is not considered a crime for the sale of a small amount of foreign and overseas drugs that have not caused harm to others or delayed diagnosis and treatment, and the circumstances are significantly minor and have little harm. "If the sales volume is large, legal responsibility will definitely be pursued."
"Now there are many people in China who purchase Indian generic drugs. If one act is allowed by social life, it should not be treated as a crime. Therefore, it is necessary for judicial interpretation to be punished." Luo Xiang suggested that at present, it can be taken in two steps. The first step is to modify the definition of drugs in the "Drug Administration Law" and the other is to change the crime of selling fake drugs in the "Amendment 8 of the Criminal Law" from an abstract dangerous crime to the original specific dangerous crime.
Law professor Zhu Wei In an interview with a reporter from the Beijing News, drugs that have not been approved by the Drug Administration in my country are fake drugs. Some drugs recognized abroad are not necessarily recognized in China. There is no problem that the drugs sold by Liu Fuying are identified as fake drugs.
Professor Zhu Wei said that China's drug management strictness ranks among the forefront in the world, and frequent drug problems should arouse everyone's thinking, should the drug system be reformed? "At present, the market cycle of my country's experimental drugs is too long, and the imported medical insurance for overseas drugs cannot be covered, and the price is too high. Consumers' free choice should be respected, and purchasing agents should not be placed within the scope of selling fake drugs. In this way, the behavior of selling fake drugs stipulated in the Criminal Law is too broadly understood."
Beijing News reporter Zuo Yanyan Intern Wang Jiajun Editor Cao Linhua Duty Editor Wang Hongchun Proofreading Yang Xuli
Duty Editor Wu Yanzu Huamunan
