Criminalization of Counterfeit Medcine Trafficking In the International Instruments and Iran’s Law

Abstract

Counterfeit medicine trafficking threatens public health, regardless of its harmful economic consequences and has determined the international community to effectively combat it. Criminalization of counterfeit medcine trafficking and similar behaviors, according to an international instrument is the most important strategies to combat this phenomenon. However, at the regional level,Council of Europe Convention (MEDICRIME) has proposed, criminalize counterfeit medcine trafficking and similar behaviors and give appropiate response to it by Member States . In the Iranian law, “the act relating to medical, medicinal regulations” approved in 1955 with subsequent adhesions, without reference to medicine trafficking , attempted to organize medcine importation and exportation and combat medicine counterfeiting. However, the law on combating smuggling of goods and currency ,approved in 2014, has clearly criminalized medcine trafficking, regarded trafficking medcine - like other goods- as an economic crime and in the criminalization, it has considered no prominent role for public health. The article suggests to define the concept of counterfeit and illegal medicines and independent criminalization of trafficking counterfeit and illegal medcines such as substandard medicines which falls into the category of crimes against health, due to its harmful consequences on people’s health.

Keywords

• counterfeit medicine trafficking
• illegal medicine
• criminalization
• public health crimes