2024/9/2 凌晨12:23
Criminal Law of the People's Republic of China
Article 145 Whoever produces medical devices or medical hygiene products that do not meet
the national or industry standards for safeguarding human health, or knowingly sells such
items, which is likely to cause serious harm to human health, shall be sentenced to fixed-term
imprisonment of not more than 3 years or short-term custody, with a fine of not less than half but
not more than twice the amount of the sales revenue. Where serious harm is caused to human
health, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years but not
more than 10 years, with a fine of not less than half but not more than twice the amount of the sales
revenue. Where the consequences are especially serious, the offender shall be sentenced to fixedterm imprisonment of not less than 10 years or life imprisonment, with a fine of not less than half
but not more than twice the amount of the sales revenue or confiscation of property.
Article 146 Whoever produces electrical appliances, pressure ships, explosive or combustible
products or other products, which do not meet the national or industry standards for protecting
human or property safety, or knowingly sells such products, thereby causing serious consequences,
shall be sentenced to fixed-term imprisonment of not more than 5 years, with a fine of not less than
half but not more than twice the amount of the sales revenue. Where the consequences are
especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than
5 years, with a fine of not less than half but not more than twice the amount of the sales revenue.
Article 147 Whoever produces fake pesticides, veterinary medicine or chemical fertilizers, or
knowingly sells pesticides, veterinary medicine, chemical fertilizers or seeds which are fake or are no
longer effective, or passes off substandard pesticides, veterinary medicine, chemical fertilizers or
seeds as quality ones, thereby causing relatively heavy losses in production, shall be sentenced to
fixed-term imprisonment of not more than 3 years or short-term custody with a fine of not less than
half but not more than twice the amount of the sales revenue, or shall be sentenced to a fine on the
said scale only. If heavy losses in production are caused, the offender shall be sentenced to fixedterm imprisonment of not less than 3 years but not more than 7 years, with a fine of not less than
half but not more than twice the amount of the sales revenue. If extremely heavy losses in
production are caused, the offender shall be sentenced to fixed-term imprisonment of not less than
7 years or life imprisonment, and concurrently, a fine of not less than half but not more than
twice the amount of the sales revenue or confiscation of property.
Article 148 Whoever produces cosmetics which do not meet hygiene standards, or knowingly sells
such cosmetics, thereby causing serious consequences, shall be sentenced to fixed-term
imprisonment of not more than 3 years or short-term custody, with a fine of not less than half but
not more than twice the amount of the sales revenue, or shall be sentenced to a fine on the said scale
only.
Article 149 Whoever produces or sells a product as prescribed in Articles 141 to 148 of this
Section with the sales revenue standing at or exceeding RMB 50,000 yuan, which, however, does not
constitute a crime under the aforementioned articles, shall be convicted and punished in accordance
with the provisions in Article 140 of this Section.
Whoever commits a crime under Articles 141 to 148 of this Section by producing or selling a product
as prescribed in the aforementioned articles, which concurrently constitutes another crime provided
in Article 140 of this Law, shall be convicted and punished in accordance with the provisions which
specify a heavier punishment.
en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_7.htm
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