sequence should be sought pursuant to article 164 of the

Penal Code.

Article 52 In case of manufacturing, handling or dis- pensing drugs without a "drug manufacturer certificate", "drug handler certificate" or "drug dispensing certificate", the operation of the unit should be suspended. All the drugs so produced, handled or dispensed and the illicit income should be confiscated, with or without a penalty.

Article 53 In the case of violating any other provisions of this Law with respect to the management of drug produc- tion and drug handling, a warning should be issued or a fine imposed.

Article 54 The decision of an administrative penalty pursuant to this Law should be made by the health bureau above the county level. In the case of an offence against article 15 of this Law or the provisions of chapter of this Law with respect to the advertising of drugs, the de- cision of an administrative penalty should be made by the industrial and commercial management agency.

An order to impose a penalty on a drug manufacturing enterprise or drug handling enterprise directly under the jurisdiction of the central, provincial, autonomous regional

or municipal People's Government which consists of the

suspension of its operation for seven days or more, or the revocation of its "drug manufacturer certificate" or "drug

-44-

handler certificate" should be submitted by the health bureau of province. autonomous region or municipality to the Peo ple's Government at the same level for final decision.

An order to impose a penalty on a drug manufacturing enterprise or drug handling enterprise under the jurisdiction of the People's Government at or below the city and county level which consists of the suspension of its operation for seven days or more, or the revocation of its "drug manu- facturer certificate" or "drug handler certificate” should be submitted by the health bureau of cities or counties to the People's Government at the same level for final decision.

Drugs confiscated should be disposed under the supervision of health administrative agencies.

Article 55 Any objection to the decision of an adminis- trative penalty should be referred to the People's Court within a period of 15 days counting from the date of notification of the penalty. However, the decision involving the control of drugs should be enforced immediately. In case the decision has not been enforced and the time limit

for an appeal has elapsed, the People's Court shall order its compulsory execution at the request of the organization who has made such a decision.

Article 56 In the case of drug poisoning due to an offence against this Law, the group or person causing the damage are liable to make compensation for the loss. The victim has

-45-

Share This Page