Crime of Producing, Trafficking Counterfeit Drugs for Medical Treatment, Disease Prevention: Does the Death Penalty Apply?

Pursuant to Article 194 of the Criminal Code 2015 stipulating the crime of manufacturing and trading fake drugs for treatment and prevention as follows:

- Any person who manufactures or trades fake drugs for treatment and prevention shall be sentenced to imprisonment from 02 to 07 years.

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- Committing the crime under one of the following circumstances, shall be sentenced to 20 years, life imprisonment, or death penalty (Point a, Clause 44, Article 1, the Law amending the Criminal Code 2017):

+ Illegally gaining profits of 2,000,000,000 VND or more;

+ Causing the death of 02 or more people;

+ Causing injury or harm to the health of 02 or more people with a total bodily injury rate of 122% or more;

+ Causing property damage of 1,500,000,000 VND or more.

Thus, for the crime of manufacturing and trading fake drugs for treatment and prevention, the highest applicable penalty remains the death sentence when falling into the above-mentioned cases.

Sincerely!