Lawyer for offences against public health

Manufacture, distribution, supply or trade of harmful substances and chemical products: custodial sentences may range from six months to three years, together with a fine of six to twelve months and special disqualification from exercising a profession or engaging in industry for a period of six months to two years, in cases where the substance is manufactured or marketed without the required authorisations; and a fine of six to twelve months and disqualification from exercising a profession or trade for six months to two years in cases where, even if the appropriate authorisation has been obtained, the relevant rules and regulations are not complied with.

The manufacture, import or export, supply, intermediation, sale or offering, or storage of medicinal products, whether for human or veterinary use, without the required authorisation or where such products are expired or degraded, shall be punishable by imprisonment from six months to three years, a fine of six to twelve months, and special disqualification from practising the profession or trade for six months to three years. Where medicines are adulterated, counterfeited or simulated, this shall be considered an aggravating circumstance. If such acts are carried out by pharmacists or laboratory technicians, or are deemed to be of particular seriousness, the duration of disqualification may be increased.

Likewise, in cases of adulteration, production, distribution or sale of food products that may pose a risk to consumers, the offence is punishable by imprisonment from one to four years, a fine of six to twelve months, and disqualification from practising a profession, trade, industry or commerce for a period of three to six years. This disqualification may be increased to six to ten years where the convicted person is the owner or person responsible for the production of a food manufacturing facility.

The distribution or sale of animals, or products derived from them, that have been treated with substances harmful to health may be punished with the same penalties imposed for food products. Poisoning or adulteration of water or food with infectious substances or substances harmful to health shall be punishable by imprisonment from two to six years.

In any of the aforementioned cases, in addition to the penalties imposed on the offenders, the court may order the closure of the factory, laboratory or premises for a period of up to five years, or, if the acts are deemed to be of extreme seriousness, even permanently. Likewise, disqualification may be absolute where the perpetrator of the offence holds the status of authority or a public official.

In all offences against public health committed through negligence, the same penalties applicable to the corresponding offence shall be imposed, but reduced by one degree, as they are considered to be of lesser seriousness.