Russian Bill Toughening Criminal Liability

2 12 2014

Picture from Securing Industry article by Phil Taylor

A bill introduced to the State Duma, which is in theRussian Federation is the lower house of the Federal Assembly of Russia (legislature), the upper house being the Federation Council of Russia, is asking for toughening criminal liability for the production, manufacture, storage, transportation and sale of counterfeit drugs and medical devices.

The author of the initiative is Senator Anton Belyakov. It would increase the maximum jail term for individuals convicted of manufacturing, distributing or selling counterfeit drugs to a maximum of 10 years if use of the fakes results in the two or more fatalities. The fine that can be levied on those convicted would also be increased from 100,000 roubles (1841.66 USD) to 300,000 roubles (5524.99 USD) at the moment to between 500,000 and 1m roubles ($22,000).

According to the World Health Organization, the share of counterfeit drugs in Russia accounts to 12% of the total number of drugs. According to experts, the market for counterfeits in Russia is about 20 billion rubles.

According to the law drafter Russian legislation is not stringent enough towards counterfeit drugs producers and sellers. For example, counterfeit drug producers in Russia are accountable according to the article 238 of the Criminal Code that subjects to prosecution production, storage, transportation and dispose of goods inadequate to the security requirements. “This means that a counterfeit medicine destined to maintain health but in fact being immediately dangerous to life is equated to any other product produced with violation of technological process, for instance”, the senator explained. “Counterfeit producers can get away with a fine of 100 thousand rubles”, he added.

At the same time the accompanying documents to the bill show that in the USA trafficking of counterfeit drugs is punishable by a fine up to $200 million or life imprisonment, in Turkey by imprisonment from 30 to 50 years, in India by imprisonment for life, in Europe, the penalty for selling counterfeit drugs exceeds 300 thousand euros and a term of up to 10 years’ imprisonment.

To solve this problem, the bill proposes to amend the article 238.1 of the Criminal Code of the Russian Federation, toughening criminal liability for the production, manufacture, storage, transportation and sale of counterfeit drugs and medical devices.

Please click HERE (TASS: Russian News Agency) and HERE (Securing Industry) for more information. I did copy and past some of their articles into this one.

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