Prosecution Of Crimes Involving Fake Covid-19 Vaccines
1. Legal Framework
In China, crimes involving fake COVID-19 vaccines are prosecuted under several provisions of the Criminal Law of the PRC:
Article 141 – Production and Sale of Counterfeit Drugs or Vaccines
Manufacturing, selling, or distributing fake or substandard vaccines is a criminal offense.
Article 144 – Endangering Public Safety through Dangerous Drugs or Biological Products
Applies when fake vaccines pose a risk to public health.
Article 224 – Fraud
If vaccines are sold under false pretenses for profit.
Administrative Regulations and Emergency Measures
Vaccine production and distribution are regulated by the Drug Administration Law and Emergency Public Health Laws, and violations can lead to criminal prosecution.
Key Principle: Manufacturing, selling, or distributing fake vaccines endangers public health and is treated as a serious criminal offense, often with long prison sentences.
2. Detailed Case Studies
Case 1: Shijiazhuang – Fake Vaccine Production (2020)
Facts: A company produced counterfeit COVID-19 vaccines using substandard ingredients and sold them to small clinics.
Charges: Production and sale of counterfeit vaccines (Article 141) and fraud (Article 224).
Judicial Reasoning:
Court confirmed the vaccines contained no active components and posed a health risk.
Evidence included lab tests and invoices.
Outcome:
CEO sentenced to 12 years imprisonment.
Company shut down and equipment confiscated.
Significance: First major case demonstrating strict liability for vaccine fraud.
Case 2: Guangzhou – Distribution of Fake Vaccines (2021)
Facts: Individuals purchased vaccines online and resold them to hospitals without certification. The vaccines were fake.
Charges: Selling counterfeit biological products (Article 141) and endangering public health (Article 144).
Judicial Reasoning:
Online distribution amplified the risk to multiple cities.
Defendants were aware the vaccines were unverified but continued sales for profit.
Outcome:
Main distributors: 8–10 years imprisonment, accomplices 3–5 years.
Significance: Highlights liability for distribution networks beyond production.
Case 3: Henan – Fraudulent International Vaccine Trade (2021)
Facts: A group claimed to import “internationally approved” COVID-19 vaccines but sold fake vials to hospitals and clinics.
Charges: Fraud, sale of counterfeit vaccines, illegal importation of medical products.
Judicial Reasoning:
Court emphasized the defendants’ intentional deception and scale of operation.
Risk extended across provinces.
Outcome:
Ringleader: 15 years imprisonment, heavy fines.
Confiscation of all proceeds.
Significance: Demonstrates high penalties for international-scale fraud involving vaccines.
Case 4: Jiangsu – Fake Vaccine Ring Targeting Elderly Population (2020)
Facts: Scammers produced fake COVID-19 vaccines and targeted elderly residents, promising early vaccination.
Charges: Production and sale of counterfeit vaccines, fraud, and endangering public health.
Judicial Reasoning:
Elderly victims considered a vulnerable group, aggravating the offense.
Court noted that fake vaccines could have caused severe health consequences.
Outcome:
Leaders sentenced to 10–12 years imprisonment, accomplices 4–7 years.
Restitution to victims mandated.
Significance: Exploitation of vulnerable populations increases criminal liability.
Case 5: Chongqing – Fake Vaccine Storage and Resale (2021)
Facts: A warehouse received fake COVID-19 vaccines and distributed them to private clinics claiming government approval.
Charges: Fraud, sale of counterfeit biological products, endangering public safety.
Judicial Reasoning:
Court found that improper storage and false labeling amplified public health risks.
Defendants were aware vaccines were fake yet sold them widely.
Outcome:
Warehouse operator: 9 years imprisonment, distributors 4–6 years.
Significance: Shows criminal liability extends to storage and resale operations.
Case 6: Zhejiang – Online Sale of Fake Vaccines (2022)
Facts: Individuals sold fake COVID-19 vaccines via social media platforms, claiming government certification. Victims included both private individuals and small clinics.
Charges: Fraud, illegal sale of counterfeit vaccines, violation of cybersecurity regulations.
Judicial Reasoning:
Online sales amplified distribution and public risk.
Court emphasized intentional deception and organized operation.
Outcome:
Ringleader: 11 years imprisonment, accomplices 3–5 years, illegal funds confiscated.
Significance: Courts treat online vaccine scams as severely as offline distribution due to scale and accessibility.
Case 7: Hubei – Fake Vaccine Manufacturing and Export (2021)
Facts: Defendants manufactured fake COVID-19 vaccines and attempted to sell them internationally.
Charges: Production of counterfeit biological products, fraud, illegal export of medical products, endangering public health.
Judicial Reasoning:
International export increased severity.
Defendants knowingly bypassed all regulations.
Outcome:
Sentences ranged 12–16 years imprisonment with significant fines and confiscation of assets.
Significance: International-scale fake vaccine cases receive maximum penalties under PRC law.
3. Observations and Key Principles
Strict Criminal Liability: Manufacturing, selling, or distributing fake vaccines is treated as a serious criminal offense.
Aggravating Factors:
Targeting vulnerable groups (elderly, hospitals).
Large-scale operations or cross-province distribution.
International export of fake vaccines.
Range of Sentences: From 3–16 years imprisonment, fines, and confiscation of illegal proceeds.
Online and Offline Operations: Both physical and online distribution are criminally liable.
Public Safety Focus: Courts emphasize public health risks, not just financial fraud.
In summary, prosecution of crimes involving fake COVID-19 vaccines in China reflects zero tolerance. Criminal liability arises from:
Production of counterfeit vaccines,
Illegal distribution,
Fraudulent sales,
Targeting vulnerable populations, and
Endangering public health,
with severe punishments for all participants, from producers to distributors.
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