Crimes against public health

  crimes, Criminal law

The crimes of public health They are crimes that, when committed, cause damage to the public health and, therefore, negatively affect the public health

To know the regulations related to the crime of violation of the public health, it is advisable to refer to Penal Code, article seventeen (crime of violation of collective security), chapter III (crime of violation of public health), articles 359 to 378.

Where is the crime of public health infringement organized? 

The importance of protecting public health It is mentioned in article 43 of the Spanish Constitution:

1. The right to health protection is recognized.

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2. Public authorities have the responsibility to regulate and protect the public health through preventive measures and necessary services and services. The law defines the rights and obligations of everyone in this regard.

What legal property is protected in a public health crime? 

What criminal legislators mean by classifying these crimes (legal rights) is to protect the public welfare and health of the community. Without embargo, also guarantees the personal health of all citizens.

In these types of crimes, it is very important to limit the damage to health, because this nuance can change the entire process. 

What we mean is that if the infringement is restricted, and the damage that is said to result is not serious, we can talk about some form of administrative sanction.

Without having to consider criminal proceedings, which are always more harmful.

What types of crimes against public health exist? 

According to the understanding of the Judiciary, two groups of illegal actions against the public health:

Commercial crimes that affect public health 

(Articles 359 to 367 of the Penal Code):

It produces harmful substances or chemicals that can be destructive. Manufacturing of medicines or health products without a license. Distribution of medicines without permission. Preparation of falsified documents related to medicines or health products, Sports doping and El fraud food

Public health crimes related to drug trafficking 

(Articles 368 to 378 of the Penal Code):

Drug smuggling. Purchase and sale of drug precursors. 

International preparation and return to crime. Contrary to popular belief, in Spain acts related to the spread of diseases and epidemics are not classified as crimes against public health

Other Spanish-speaking countries consider it a criminal act, such as Mexico, Colombia, Argentina or Peru.

Commercial crimes against public health

It produces harmful substances or chemicals that can be destructive.

– Be sentenced to imprisonment of six months to three years and a fine of six to twelve months, especially if prohibited from practicing professions or professions for a period ranging from six months to two years.

Any person licensed to market the materials or products mentioned in the previous paragraph, to transport or supply them without following the procedures stipulated in relevant laws and regulations.

She is subject to a fine of between six and ten months and a residence ban. For a profession or trade from six months to two years.

Produce medicines or health products without permission

Any person who manufactures, imports, exports, supplies, intermediaries, markets, offers for sale, markets or warehouses for such purposes, medicinal products, including for human and veterinary use, as well as experimental pharmaceutical products.

They are not required for any medical device that does not contain the appropriate documentation required by general regulations, is degraded, expired or does not comply with the related technical requirements.

With its components, stability and effectiveness, for what it poses a threat to life or health punishable by imprisonment of six months to three years, a fine of six months to twelve months is prohibited. 

Practice and trade, in particular, from six months to three years.

Who can commit crimes against public health?

In general, anyone can commit crimes against public health.

However, the illicit acts provided for in articles 359 to 366 can only be carried out by those engaged in the activities mentioned by criminal categories such as pharmacists, merchants, laboratory staff or manager among others.