Unlawful pharmaceutical activity — what Article 246 provides
Article 246 of the Criminal Code of Georgia regulates liability for unlawful medical or pharmaceutical activity. Pharmaceutical activity requires formal grounds established by the state — an appropriate authority and permission; its exercise without such grounds is a violation of the law. Criminal liability arises where such activity has caused damage to health — this is the necessary consequence under the norm.
Both parts of this norm are built on different consequences: damage to health and the causing of death. It is precisely the gravity of the established consequence that determines under which part the case proceeds and what punishment is in prospect.
The first part — damage to health
Unlawful medical or pharmaceutical activity that has caused damage to health is punishable by a fine or by imprisonment for a term of up to three years. Two kinds of punishment are thus provided — a fine and imprisonment — and the choice depends on the circumstances of the case.
The second part — the causing of death
The same act that has caused the death of a human being is punishable by imprisonment for a term of three to seven years, with deprivation of the right to hold office or to carry out an activity for a term of up to three years or without such deprivation. In case of death the punishment increases substantially and may be accompanied by the special punishment of deprivation of the right to carry out the corresponding activity.
How a lawyer builds the defence
The central questions of the defence are: whether the activity was unlawful — that is, whether an appropriate authority or permission existed; whether causation exists between the activity and the established consequence; and how well-founded the classification of damage to health or death is on the basis of the medical conclusions. In such cases the central evidence is the medical expert examination, and its detailed review — including unnoticed deficiencies — often changes the outcome of the case.
Particular attention is devoted to what concrete act is charged: the dispensing of a preparation, a consultation or another form. The unlawfulness of each form must be established separately on the basis of the corresponding grounds. The rules of procedure and the time limits are established by other acts of procedural legislation.
Our team offers consultations on charges connected with pharmaceutical and medical activity. Contact us — we will assess the situation and build a defence strategy.
From the perspective of the subject of the case, the question is who carried out the activity: a person working in the pharmaceutical or medical sphere often finds himself or herself without the complete picture of formal grounds — the term of one document has expired, another does not exist, or the scope of the activity is different. It is precisely these details that decide whether the activity was unlawful within the meaning of this article. In such a case a lawyer reconstructs the chronology of every formal ground and shows the court in what condition they were at the moment of the concrete act.
The element of the consequence is particularly important in this article: the unlawfulness of the activity may in itself entail other liability, but for criminal liability damage to health or death is necessary. The establishment of causation — whether the consequence was the natural result of the activity or was caused by other circumstances — is the subject of the medical expert examination, and every detail of the conclusion is verified.
On the side of the victim, the complete documentation of the damage and its connection with the concrete act are important. Our team is ready to assist you on cases of this category — contact us for a consultation.
The category of cases under this article demands particular delicacy, because it concerns public health: pharmaceutical activity is connected with the circulation of preparations and with the immediate interests of patients. The prosecution therefore usually builds a detailed chronology — which preparation, towards which person, without which authority — and the defence must show the same level of detail. At the sentencing stage, every circumstance the court may take into account matters: the person's years of experience, the interest of the patients, the attempt to compensate the damage. Contact us for a consultation.