CRIMES RELATED TO MEDICINES AND FOOD

Offenses related to food and medicines are regulated in arts. 359 to 367 of the Penal Code and protect public health, understood as the set of conditions that guarantee the health of each person. These are crimes that can be committed both intentionally and through gross negligence (art. 367 of the Penal Code).

In addition, legal entities may be criminally liable for these crimes, in which case the penalty to be imposed is a fine of 1 to 3 years or double to five times the value of the substances and products or the profit obtained, and the judge may also impose the penalties of dissolution, suspension of activities, closure of premises, prohibition of future activities, special disqualification from obtaining public subsidies and aid and judicial intervention (art. 366 of the Penal Code).

Substances hazardous to health and dangerous chemicals

On the one hand, article 359 of the Penal Code punishes the preparation, supply and commercialization of substances harmful to health or chemical products that may cause havoc, without the corresponding authorization, with a prison sentence of 6 months to 3 years, a fine of 6 to 12 months and special disqualification for a profession for a period of 6 months to 2 years.

In addition, Art. 360 of the Penal Code punishes the person who, being authorized to traffic substances harmful to health or chemical products that may cause havoc, supplies them without complying with the legally established formalities. This behavior is punishable by a fine of 6 to 12 months and disqualification from the profession or trade for 6 months to 2 years.

Medications

Arts. 361 to 362 sexies of the Penal Code punish conducts related to the manufacture and commercialization of medicines. Specifically, the following behaviors are punishable:

1. The manufacture and commercialization of medicines without the necessary authorization, as well as of deteriorated or expired medicines or medicines that do not comply with the legally established technical requirements, whenever this generates a risk to the life or health of persons (art. 361 of the Penal Code).
2. Dissemination of information intended to promote among minors or persons with disabilities the consumption of products that may generate a health risk (art. 361 bis of the Penal Code).
3. The elaboration or production of medicines or medical devices by misleadingly presenting information on their composition, dosage, expiration date… whenever this generates a risk to the life or health of persons (art. 362 of the Penal Code).
4. The advertising or commercialization of medicines or health products knowing that they are falsified or altered, whenever this generates a risk to the life or health of persons (art. 362 bis of the Penal Code).
5. The preparation of false documents on any medicine or medical device (art. 362 ter of the Penal Code).

Most of these offenses are crimes of concrete danger, which require that the perpetrator’s action generate a risk to the life or health of persons.

Food fraud

Arts. 363 to 367 of the Penal Code punish certain conducts related to the commercialization of products for use and consumption that are harmful or unsafe for health. Specifically, these precepts punish the following conducts:

1. Illicit production and trafficking of food and other products harmful to health (art. 363 of the Penal Code).
2. The adulteration of food products and the feeding of livestock with non-permitted substances (art. 364 of the Penal Code).
3. Poisoning and adulteration of drinking water or noxious substances intended for public use (art. 365 of the Penal Code).