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.
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.
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.
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.
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.
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.
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 \".
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.
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.
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.
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.