ISSUING AUTHORITIES:

National Medical Products Administration

State Administration for Market Regulation

Ministry of Public Security

Supreme People's Court

Supreme People’s Procuratorate

DATE OF ISSUANCE:

January 10, 2023

EFFECTIVE DATE:

February 1, 2023

On January 10, 2023, the Measures for the Connection between Drug Administrative Law Enforcement and Criminal Justice (the “Measures”) was jointly promulgated by the National Medical Products Administration, the State Administration for Market Regulation, the Ministry of Public Security, the Supreme People's Court and the Supreme People's Procuratorate, and came into force on February 1, 2023.  

The Measures aims to strengthen the joint investigation and handling of major and serious cases by multiple departments, increase the efforts to crack down on illegal and criminal acts in the drug field and strictly preventing and control drug safety risks. Specifically, the Measures focuses on improving the connection between administrative law enforcement and criminal punishment and highlights thereof are summarized below.

Firstly, the Measures clarifies the scope of duties of each department. For instance, responsibilities of drug regulatory authorities in cases of referral are strengthened, and the duties of public security organs in case acceptance, examining and law enforcement linkage are clarified. Further, the responsibilities of the people's procuratorates in legal supervision as well as the functions of criminal justice of the people’s courts are emphasized in the Measures. Secondly, the Measures further refines the conditions, time limits and supervision of case referral and makes more specific provisions on the procedures and material requirements to enhance operability. Additionally, it is worth noting that the Measures regulates the procedures for the inspection, identification, referral, custody and disposal of the items involved, which are in line with the newly revised Judicial Interpretations issued by the Supreme People's Court and the Supreme People's Procuratorate on endangering drug safety.  

On top of that, the Measures lays emphasis on the issue of collaboration, cooperation and supervision, and points out that relevant departments shall promote the establishment of an inter-regional and inter-departmental linkage mechanism for investigation and handling of drug cases. To be specific, the responsible departments shall establish a two-way case consultation system and strengthen the joint supervision on major cases. Moreover, chapter 5 of the Measures sets forth the rules of information sharing and notification, emphasizing the improvement of the information sharing platform for connection between administrative law enforcement and criminal justice and the gradually realization of online transfer, acceptance and supervision of suspected criminal cases.

In general, the Measures specifies the due procedures of handling drug-related crimes in the area of the administrative-criminal interface, providing guidance to the conduct of the relevant departments, and, at the same time, giving strong impetus to the actual effects of the special rectification of drug safety, so as to protect the life safety and health of the general public.

Reference:

国家药品监督管理局 国家市场监督管理总局 公安部 最高人民法院 最高人民检察院关于印发《药品行政执法与刑事司法衔接工作办法》的通知