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上海疫苗版药神案改判后被告之一刑满释放澎湃新闻
2020-01-07 23:33   来源:  www.alemdojogo.com   评论:0 点击:

上海疫苗版药神案改判后被告之一刑满释放澎湃新闻继上海疫苗版“药神”案一审宣判、发回重审又改判后,已历

  继上海疫苗版“药神”案一审宣判、发回重审又改判后,已历时整两年。1月4日,该案被告之一郭桥刑满释放。

After the Shanghai vaccine version of the \"drug god\" case of the first instance sentence, sent back to review and revised, has lasted for two years. On january 4th one of the defendants, guo qiao, was released.

  2019年12月28日下午,上海市第三中级人民法院以走私国家禁止进出口的货物罪判处上海美华丁香妇儿门诊部有限公司(以下简称“美华门诊部”)罚金人民币二十万元,判处被告人胡盼盼有期徒刑三年一个月十日,判处被告人孙勇平有期徒刑二年一个月,判处被告人简立和有期徒刑二年一个月,判处被告人郭桥有期徒刑二年;对各被告人均并处罚金。

On the afternoon of December 28,2019, the Shanghai No.3 Intermediate People's Court sentenced Shanghai Meihua Ding Women's and Children's Clinic Co., Ltd.(hereinafter referred to as \"Meihua outpatient department \") to a fine of 200,000 yuan, sentenced defendant Hu Panpan to three years and ten months, sentenced defendant Sun Yongping to two years and one month, sentenced defendant Jane to two years and defendant Guo Qiao to two years and each defendant to a fine.

  上海三中院经审理查明,2015年7月至2016年11月间,被告人胡盼盼为非法牟利,在明知13价肺炎疫苗、轮状病毒疫苗等11种疫苗未获批准进口的情况下,通过被告人孙勇平联系境外的一家诊所进行采购,并安排被告人简立和负责运输并非法携带入境,销售给被告单位美华门诊部。美华门诊部在明知相关疫苗系未经批准而走私入境的情况下,经该门诊部负责人郭桥决定,非法收购上述疫苗共计万余支,并对外接种。被告单位及四名被告人对指控事实、证据、罪名均无异议,且自愿认罪认罚。

After the trial, the Shanghai Third Central Hospital found that between July 2015 and November 2016, the defendant, Hu Pan-pan, made an illegal profit and, knowing that 11 kinds of vaccines, such as 13-valent pneumonia vaccine and rotavirus vaccine, had not been approved for import, had been purchased through the defendant, Sun Yongping, to contact a clinic outside China, and arranged for the defendant, Jane Li, to be in charge of transportation and bring them into the country illegally. Knowing that the vaccine department had smuggled it into the country without approval, the clinic was decided by the head of the clinic, Guo Qiao, to illegally acquire more than 10,000 of the vaccines and to have them vaccinated. The defendants'units and four defendants have no objection to the facts, evidence or charges and have voluntarily plead guilty and punished.

  法院认为,被告人胡盼盼、孙勇平、简立和违反海关法规,逃避海关监管,未经批准将涉案药品走私入境,数额达425万余元,情节严重;被告单位美华门诊部由直接负责的主管人员郭桥决定,非法收购走私药品,数额达995万余元,情节严重。上述被告人、被告单位的行为均已构成走私国家禁止进出口的货物罪,依法作出上述判决。

The court held that the defendants, Hu Pan-pan, Sun Yong-ping, Chien-li and Li-li, had evaded customs control and smuggled drugs into the country without approval, amounting to more than 4.25 million yuan, with serious circumstances. The acts of the said defendants and their units have already constituted the crime of smuggling goods prohibited by the state from import and export, and the above-mentioned judgments have been made according to law.

  2017年,上海检察三分院指控,2015年7月至2016年11月间,上海美华门诊部为迎合其客户对疫苗接种需求,经法定代表人郭桥决定,从新加坡采购万支疫苗,对外销售、接种。在新加坡当地,上述疫苗均登记在册,可以合法购买、销售。然而,因未经批准进口、未经依法检验,按照当时国内相关法律,这些疫苗被认定为假药。

In 2017, the Shanghai Procuratorate charged that between July 2015 and November 2016, the Shanghai Mehua outpatient department, in order to cater to its customers'demand for vaccination, purchased ten thousand vaccines from Singapore for sale and vaccination at the decision of legal representative Guo Qiao. Locally in Singapore, the above-mentioned vaccines are registered and can be legally purchased and sold. However, the vaccines were identified as counterfeit medicines under the relevant domestic laws of the time because of their unauthorized import and testing without the law.

  此案于2017年12月一审开庭审理。2018年1月5日,上海三中院作出一审判决,以销售假药罪,判处被告人胡盼盼、孙勇平、简立、郭桥有期徒刑4到7年不等的刑罚。

The case was heard at the first instance in December 2017. On January 5,2018, the Shanghai Third Central Court handed down a first-instance judgment for the sale of counterfeit drugs and sentenced the defendants, Hu Panpan, Sun Yongping, Jian Li and Guo Qiao, to sentences ranging from four to seven years in prison.

  此案被称为上海疫苗版“药神”案,引起了社会广泛关注。因为,从2015年4月辉瑞公司宣布旗下7价肺炎结合疫苗在中国全面退市,至2017年3月第一批肺炎13价结合疫苗批签发上市,整整37个月未有同类疫苗上市。此外,美华门诊部使用的疫苗均系在国外合法购买,被以“销售假药”定罪存在争议。

This case is known as the Shanghai vaccine version of the \"drug god\" case, has attracted wide public attention. Because, from April 2015, when Pfizer announced that its 7-valent pneumonia-combined vaccine was fully delisted in China, to March 2017, the first batch of 13-valent pneumonia-combined vaccines was issued and issued, the same vaccine was not available for 37 months. In addition, the vaccines used by the U.S. and China Outpatient Departments were legally purchased abroad and were criminalized as \"selling counterfeit medicines \".

  澎湃新闻记者从刑事裁定书中获悉,该院认为,本案中有关将涉案疫苗违法携带入境等事实尚需进一步查明。依法撤销原刑事判决,发回上海三中院重新审判。

The press heard from the criminal decision that the court considered that the facts in the case, such as bringing the vaccine into the country illegally, needed to be further ascertained. The original criminal judgment shall be revoked according to law and sent back to the Shanghai Third Central Court for a new trial.

  该案最大的转机来自于法律条文的变化。重审期间,2019年12月1日起,新修订的《中华人民共和国药品管理法》正式实施,未经审批的进口药品不再视为法律意义上的假药。

The biggest turnaround in the case came from changes in legal provisions. During the retrial, on December 1,2019, the newly revised Drug Administration Law of the People's Republic of China was officially implemented, and the imported drugs without examination and approval were no longer regarded as fake drugs in the sense of law.

  因此,上海检察三分院作出变更起诉决定书,以走私国家禁止进出口的货物罪向法院重新提起公诉。2019年12月28日下午,上海三中院以走私国家禁止进出口的货物罪,对被告单位及被告人作出最终判决。

As a result, the Shanghai Public Prosecutor's Office changed its decision to re-indict the crime of smuggling goods banned by the state. On the afternoon of December 28,2019, the Shanghai Third Central Court made a final judgment on the defendant's unit and defendant for the crime of smuggling goods banned by the state from import and export.

  直至2019年1月4日,距一审判决已整整两年。该案被告之一、被称为上海版“药神”的上海美华丁香妇儿门诊部有限公司法定代表人及执行董事郭桥两年刑期已满,于当日释放。

Until January 4,2019, two full years after the first instance judgment. Guo Qiao, one of the defendants in the case and the legal representative and executive director of Shanghai Meihua clove Women's and Children's Clinic Co., Ltd., known as the \"Drug God \", was released on the same day.


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