Refleksje wokół prawnokarnej oceny fałszowania produktów leczniczych oraz wprowadzania ich do obrotu

Abstract

Pharmaceutical crime poses a huge challenge both to the national legislators and the international community. We have recently observed a particular development of this phenomenon, also due to the outbreak of the Covid-19 pandemic. The specific nature of pharmaceutical crime determines that in the case of irregularities in the marketing of medicinal products, we may have to deal with several regimes of liability – administrative, civil, criminal as well as professional one. On the penal level, the provisions grouped in the Criminal Code and the Pharmaceutical Law will be of fundamental importance. Correct classification of counterfeiting of medicinal products and their marketing may raise practical doubts which are based on the establishment of mutual relations between provisions – Article 165 paragraph 1 point 2 of the Penal Code and non-Code regulations found in the pharmaceutical law and extra-code regulations contained in the pharmaceutical law.