危害药品安全犯罪的罪名确定

The Accusation Decision of the Crimes against Medicine Safety

危害药品安全犯罪涉及生产、销售假药罪,生产、销售劣药罪,生产、销售伪劣产品罪,非法经营罪,诈骗罪,以危险方法危害公共安全罪等多个罪名。实施生产、销售假药、劣药犯罪,同时构成生产、销售伪劣产品,侵犯知识产权,非法经营等犯罪的,应按照处罚较重的规定定罪处罚。对于以销售假药、劣药为名行骗取他人财物之实,数额较大的,应以诈骗罪定罪处罚。生产、销售假药、劣药罪与以危险方法危害公共安全罪的界限,关键在于把握犯罪构成的主观方面。

The crime against medicine safety involves many crimes, including the crime of making and selling fake medicine, the crime of making and selling shoddy medicine, the crime of making and selling fake and shoddy products, the crime of illegal operation, the crime of fraud, the crime against public security in a dangerous way, etc. If a person, who commits the crime making and selling fake and shoddy medicine, also commits the crime of making and selling fake and shoddy products, infringing intellectual property rights and illegal operation, then he should be accused and punished by the most serious punishment. A person, who frauds some otherg large amount of property under the name of making and selling fake and shoddy medicine, should be accused and punished as the crime of fraud. The key to differ the crime of making and selling fake and shoddy medicine from the crime against public security in a dangerous way is to grasp the subject element of the crime constitution.