Criminal Liability for Acts in the Pharmaceutical Sphere
The lawful order of medical and pharmaceutical activity is the foundation of health safety, and the Criminal Code of Georgia treats serious violations in this sphere as distinct crimes: unlawful medical or pharmaceutical activity, violation of the rules of circulation of poisons, and the making or sale of a forged prescription for acquiring narcotic substances. This page explains the composition of these crimes, the sanctions and the prospects of defence.
Unlawful Medical or Pharmaceutical Activity
Unlawful medical or pharmaceutical activity that has caused harm to health is punished by a fine or imprisonment for a term of up to three years. The same act that has caused the death of a human being is punished by imprisonment for a term from three to seven years, with deprivation of the right to hold an office or to carry out an activity for a term of up to three years or without it. This norm directly covers cases where the activity is conducted without a licence or authorization or in violation of the rules and a patient is harmed as a result. In practice the line of distinction is documentary: accreditation, the license and the scope of authority decide whether the same act is lawful practice or an offence.
Violation of the Rules of Circulation of Poisons
The unlawful preparation, production, acquisition, storage, transportation or sale of poisons for the purpose of sale is punished by a fine or house arrest for a term from six months to two years, or imprisonment for a term of up to three years. The same act committed by a group, repeatedly or in large amounts is punished by imprisonment for a term from three to six years. A violation of the rules of production, acquisition, storage, accounting, dispensing, transportation or dispatch of poisons that has caused the unlawful circulation of such substances or other grave consequences is likewise punished by a fine or imprisonment for a term from three to six years — the sanction thus extends both to sale-oriented acts and to serious violations of the circulation rules. Precision in the paper trail is here the first line of defence.
A Forged Prescription and Document
The making for the purpose of sale, or the sale, of a forged prescription or other document for acquiring a narcotic substance is punished by a fine or corrective labour for a term of up to two years, or house arrest for a term from six months to two years, or imprisonment for a term from three to six years. The same act committed repeatedly or for the purpose of providing services to another, or through the use of an official position, is punished by a fine or imprisonment for a term from six to ten years, with deprivation of the right to hold an office or to carry out an activity for a term of up to three years or without it. And this act committed in large amounts or by a group by prior conspiracy is punished by imprisonment for a term from nine to thirteen years, with deprivation of the right to hold an office or to carry out an activity for a term of up to three years. The law provides that for this crime a legal person is punished by a fine, deprivation of the right to carry out an activity, or liquidation and a fine. Hence in these disputes the decisive question is the path of the document and the lawfulness of its issuance.
Frequently Asked Questions
Below are answers to the questions raised most often about these crimes.
What sanction is provided for unlawful medical activity?
With harm to health — a fine or imprisonment of up to three years; with loss of life — from three to seven years, with deprivation of the right to hold an office or carry out an activity for up to three years or without it.
When is the violation of poison circulation punished more severely?
When committed by a group, repeatedly or in large amounts, and also where a violation of the rules caused unlawful circulation or grave consequences — imprisonment from three to six years.
What threat does a forged prescription carry?
From three to six years under the basic composition; from six to ten years where committed repeatedly, for services to another or with an official position; from nine to thirteen years in large amounts or by a group.
Is an organization punished?
Yes — for the forged prescription composition, by a fine, deprivation of the right to carry out an activity, or liquidation and a fine.
How We Help on Legal.ge
The advocates of Legal.ge work on criminal cases connected with pharmaceutical and medical activity: we assess the composition and qualification, plan the defence strategy and represent you at every instance. Contact us — in cases of this category early involvement fundamentally changes the outcome.