Criminals use mineral water to counterfeit new crown vaccines and are legally punished
Supreme People's Procuratorate released a typical case of severely punishing new crown vaccines in accordance with the law
□ Reporter of this newspaper Zhou Bin
In the early stage of the new crown vaccine being launched, some criminals took advantage of the temporary scarcity of supply and were blinded by profit. They made huge profits by making counterfeit and selling counterfeits, reselling at high prices, illegally operating in violation of national regulations, and conducting mass vaccination without authorization. Some even smuggled fake vaccines abroad, seriously disrupting the order of epidemic prevention, endangering public health security, and corrupting the national image. This criminal act is of bad nature and has serious consequences.
The Supreme People's Procuratorate requires procuratorial organs at all levels across the country to actively serve the domestic and international situations of epidemic prevention and control, actively cooperate with the public security organs to act quickly and resolutely crack down on them, and investigate and deal with them whenever they are found, and promptly arrest and prosecute them in accordance with the law. As of February 10, 2021, procuratorates across the country approved the arrest of 70 criminal suspects in 21 cases in accordance with the law.
Today, the Supreme People's Procuratorate released four typical cases of severely punishing new crown vaccine crimes in accordance with the law.
Falsifying vaccines in rental houses
The first case is Kong Mou, Qiao Mou and others suspected of producing and selling fake drugs.
In August 2020, Kong and Qiao had the idea of creating fake COVID-19 vaccines and selling them for profit. For this reason, the two searched and learned about the injection styles and packaging styles of genuine vaccines through the Internet. Subsequently, the two purchased pre-filled syringes and used normal saline to create fake COVID-19 vaccines in hotel rooms and rented houses.
In order to expand the scale of fake production, Qiao found three relatives and friends from his hometown to help create it. In the later stage of the holiday, due to insufficient saline, Qiao replaced it with mineral water. At the commission of Kong, Yin and three others used drawing technology, printing technology and printing conditions to design and produce the "Inactivated COVID-19 Vaccine" label and packaging box for Kong. After the production was completed, Kong lied to the outside world that it was "the authentic new crown vaccine obtained from internal channels" and sold it to Wang (handled in another case) and others, causing fake vaccines to flow into society. Late at night on November 19, 2020, Kong instructed others to transport the remaining packaging boxes, semi-finished products, etc. during the counterfeiting process to a remote place to burn and destroy.
On November 27, 2020, the public security organs discovered the criminal clues of Kong Mou and others, and decided to file a case for investigation. On the same day, they arrested Kong Mou and Qiao Mou who fled with the stolen money, and then arrested Yin Mou and others one after another. It was initially found that Kong, Qiao and others manufactured and sold about 58,000 fake COVID-19 vaccines, making a profit of about 18 million yuan. On December 22, 2020, the public security organs requested the procuratorate to approve the arrest on suspicion of Kong, Qiao and others for producing and selling fake drugs.
The procuratorate reviewed that Kong, Qiao and others made the so-called new crown vaccine with substances that do not contain drug ingredients. According to the provisions of Drug Administration Law, it should be deemed as a fake drug. Referring to the provisions of the "Reply Letter of the Comprehensive Department of the National Medical Products Administration on Issues Related to the Identification of Fake and Substant Drugs", for those determined to be fake or inferior drugs through "factual determination", no longer need to be inspected for the "drugs involved in the case". The actions of Kong, Qiao and others are suspected of producing and selling fake drugs, and may be sentenced to imprisonment or above, and there is a risk of escaping, collusion or destruction of evidence, and should be arrested in accordance with the law.
On December 25, 2020, the procuratorate decided to approve the arrest of the suspects Kong, Qiao and others.
Want to smuggle vaccines abroad
The second case is Li and others suspected of smuggling items prohibited by the state.
Since August 2020, Kong (handled in another case) has manufactured fake COVID-19 vaccines and lied that the authentic products are sold to the public. Li mistakenly thought it was genuine and decided to buy it. Chen and Yan were previously familiar with Li for reselling masks, protective clothing, etc. After they got the news, they decided to purchase these vaccines from Li and smuggle them abroad for profit.
In early November 2020, Li, Chen, Yan and others negotiated the transaction details and the division of labor, and determined that Chen and Yan purchased 2,000 vaccines from Li for a price of 1.32 million yuan. On November 10, Li purchased 2,000 vaccines made by Kong for 1.04 million yuan through others. Subsequently, Li packed the batch of vaccines into four insulated boxes provided by Yan and airlifted to Shenzhen through a logistics company through Tianjin.On November 11, Li and Yan transported the first batch of 600 vaccines to Hong Kong through intermediaries by cargo. On November 12, the batch of vaccines was transported abroad. On November 12, the second batch of 1,200 vaccines were shipped to Hong Kong by the same means. Chen arranged personnel to transport the remaining 200 vaccines to Fujian for temporary storage. On November 25, Chen learned that his behavior had been exposed, so he arranged for personnel to destroy all 1,400 vaccines stored in Hong Kong and Fujian.
On November 11, 2020, the public security organs discovered the criminal clues of Li and others during their work, decided to file a case for investigation, and arrested Li and others one after another from November 19 to 28. On December 19, the public security organs requested the procuratorate to approve the arrest on suspicion of illegal business operations by Li and others.
The procuratorate reviewed that Li and others' actions were suspected of committing crimes and may be sentenced to imprisonment or above, and there is a risk of escaping, collusion or destruction of evidence. They should be arrested according to law, but the suspected crime should be determined as the crime of smuggling items prohibited by the state in accordance with Article 151, paragraph 3 of the Criminal Law. Main reasons: Vaccines are biological products and cannot be exported without quarantine. The suspect's wrong understanding of the authenticity of the vaccine will not affect the establishment of intentional smuggling; it is determined that the crime of smuggling can better evaluate the nature and harm of the behavior in this case; the crime of smuggling items prohibited by the state is banned from import and export by statutory penalties is heavier than the statutory penalties for illegal business operations, and qualitative adjustments are in line with the general principle of "conviction and punishment in accordance with the provisions of heavier penalties".
On December 25, 2020, the procuratorate decided to approve the arrest of the suspects Li, Chen, Yan and others.
Make profits by getting vaccinated at high prices
The third and fourth cases are suspected of illegal business operations.
In the case of Chen suspected of illegal business, in October 2020, Chen's brother (handled in another case) purchased a batch of so-called "regular new crown vaccines". Subsequently, Chen and others sold to the public at a high price, and entrusted rural doctor Lin to vaccinate the buyer at his residence and in the car. As of December 2020, more than 500 doses of more than 200 people were vaccinated, and Chen and others received 547,000 yuan.
On December 22, 2020, some vaccinated people reported the case to the public security organs. The public security organs filed a case for investigation on the same day and arrested Chen the next day. After the incident, the public security organs seized 26 "new crown vaccines" at Chen's residence. After tracing the source investigation, it was confirmed that these vaccines were all fake vaccines filled with normal saline. On January 19, 2021, the public security organs requested the procuratorate to approve the arrest on suspicion of illegal business operations.
The procuratorate reviewed and believed that although Chen did not know that the vaccine sold was a fake drug, he sold it to the unspecified public without a drug business license, which violated the Drug Administration Law that "no drug business license shall be allowed to operate drugs", and the Vaccine Administration Law that "no unit or individual shall conduct mass vaccination without authorization" and other provisions. Chen's behavior is suspected of illegal business operations and may be sentenced to imprisonment or above. Moreover, Chen is committing a crime with others and is in danger of collusion or destroying evidence, so he should be arrested in accordance with the law.
On January 25, 2021, the procuratorate decided to approve the arrest of the suspect Chen.
In the case of Wang A and Wang B suspected of illegal business operations, in September 2020, a certain place decided to implement the emergency vaccination plan for the new crown vaccine in autumn and winter, with the principle of "key populations are given priority and epidemic areas are given priority" and stipulates the corresponding vaccination conditions. In mid-November, Wang Jia met the local hospital head responsible for vaccination through Wang Yi. Wang A and Wang B agreed to arrange for people who do not meet the conditions to go to the hospital for vaccination at a high price to take the opportunity to make a profit. Subsequently, Wang Jia posted advertisements to attract customers through WeChat groups and charged high fees to those in need. For paid personnel, Wang A forged a complete set of vaccination certificates such as employee certificates, certificates of going abroad and ticket itinerary through the company controlled by Wang A, and arranged for vaccination to the hospital. As of early December, Wang A and Wang Yi had collected fees of more than 300 people and arranged 241 of them for vaccination, making a profit of more than 400,000 yuan.
On December 3, 2020, the public security organs discovered the criminal clues of Wang A and Wang B during their work, and decided to file a case for investigation, and arrested the two on December 6.On January 5, 2021, the public security organs requested the procuratorate to approve the arrest on suspicion of illegal business operations by Wang A and Wang B.
The procuratorate reviewed that Wang A and Wang B were responsible for forging certificates for emergency vaccination of the new crown vaccine, reselling vaccination services, making huge profits, and disrupting the epidemic prevention order. This behavior is no different in nature from the act of reselling masks and other epidemic prevention materials at high prices, and the degree of harm is even more serious. Moreover, the two used internal relationships to commit crimes, which had a bad social impact. According to the Criminal Law, the two people's behavior is suspected of illegal business operations and may be sentenced to imprisonment or above. Moreover, the two people's behavior involves multiple links and there is a risk of collusion or destruction of evidence, and they should be arrested in accordance with the law.
On January 12, 2021, the procuratorate decided to approve the arrest of the suspects Wang A and Wang B.
This newspaper, Beijing, February 10th
