الحماية الجنائية للمستهلك عن غش الأدوية والمستحضرات الطبية (دراسة مقارنة)

Criminal protection for the consumer against fraud in medicines and medical preparations (A Comparative study)

Abstract

longer cheat in medicines and medical preparations, one of the crimes that threaten the safety of the human body and life It impairs the quality of life as It also strikes the national economy as an economic crime imposed on the legislature in all countries to address and combat it by criminalizing all acts that lead to or facilitate cheating, in addition to Establishment of regulatory bodies tasked with monitoring the quality and efficiency of medicines and with any fraud that occurs from persons or companies.
Undoubtedly, which crime doesn’t committee by an ordinary person, but it is a person who possesses a measure of intelligence and knowledge, capable of formulating compounds for medicines and medical preparations that differ from what is found in the original medicine or medicinal preparation.

than prompted the legislator to find a criminal policy consistent with that crime based on the policy of preventive criminalization and taking the criterion of the criminal risk of the perpetrator of this crime.
In addition to resorting to medical standards to distinguish between medicines and medical preparations and the other materials mixed with them, such as nutritional supplements and herbs.
The matter does not stop at this point, but rather the type of this crime must be described, as there is industrial fraud and marketing deception, and this difference may be lost in the minds of most legislators.
This crime does not affect the human being alone, but rather participates in that animal that may be in dire need of this medicine or preparations, and it requires a special intent represented in the intention to benefit financially from committing this crime.
Therefore, this act required that the legislator beware of detailed provisions and deterrent penalties in order to limit them. Rather, it came to finding specialized bodies to investigate this crime and allocating specific courts to look into this type of crime in normal circumstances.
As for exceptional circumstances, especially exceptional health circumstances, the matter requires the legislator to find strict and sufficient measures to combat this crime. Because in the case of exceptional health conditions, the state is forced to provide medicines and medical preparations of high quality, excellent efficiency, and concessions to everyone, and this requires the presence of deterrent penalties and specialized courts to punish anyone who tempts himself to tamper with medicines and medical preparations.