What are the judicial interpretations on illegal blood collection?

Legal Analysis: According to the relevant provisions of China's Criminal Law, if the act of illegal blood collection constitutes a criminal offense, criminal responsibility shall be pursued according to the crime of illegal blood collection, and the sentencing shall be determined according to the circumstances of the crime. Anyone who illegally collects, manufactures, or manufactures blood products that do not meet the standards provided by the state and are sufficient to endanger human health, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine; and where serious harm is caused to human health, a sentence of between 5 and 10 years imprisonment is to be given, and a concurrent fine; where especially serious consequences are caused, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

Legal basis: "Criminal Law of the People's Republic of China" Article 334 Crime of Illegally Collecting, Making, or Making Blood Products Illegally collecting, producing, or producing blood products that do not meet the standards prescribed by the State and are sufficient to endanger human health, shall be sentenced to up to five years imprisonment or short-term detention and shall also be fined; where serious harm is caused to human health, a sentence of between 5 and 10 years imprisonment is to be given, and a concurrent fine is to be given; where especially serious consequences are caused, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where departments that have been approved by the competent state departments to collect, or manufacture or produce blood products, do not conduct testing in accordance with provisions or violate other operational provisions, causing consequences that endanger the physical health of others, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention.

Legal Analysis: Blood collection is required by law. According to relevant laws and regulations, the blood station shall conduct the necessary health examination of the blood donor free of charge before blood collection, and if the physical condition meets the conditions for blood donation, it shall be carried out by medical personnel with blood collection qualifications, and the maximum amount of blood collected each time shall not exceed 400 milliliters, and the interval between the two collections shall not be less than six months.

Legal basis: Blood Donation Law of the People's Republic of China

Article 9 Blood banks must conduct necessary health examinations for blood donors free of charge; If the physical condition does not meet the conditions for blood donation, the blood station shall explain the situation to the person and shall not collect blood. The physical health conditions of blood donors shall be prescribed by the health administrative department. The amount of blood collected by blood donors at the blood bank is generally 200 milliliters at a time, and the maximum amount of blood collected shall not exceed 400 milliliters, and the interval between the two collections shall not be less than six months.

It is strictly forbidden for blood stations to collect excessive or frequent blood from blood donors in violation of the provisions of the preceding paragraph.

Article 10 The blood collection of blood at the blood station must strictly abide by the relevant operating procedures and systems, the blood collection must be carried out by medical personnel with blood collection qualifications, and the disposable blood collection equipment must be destroyed after use, so as to ensure the health of the blood donor. The blood bank shall ensure the quality of blood in accordance with the standards set by the health administrative department. Blood stations must test the collected blood, and blood that has not been tested or failed to pass the test must not be provided to medical institutions.

Legal analysis: According to the relevant provisions of China's criminal law, if the act of illegal blood collection constitutes a criminal offense, criminal responsibility shall be investigated according to the crime of illegal blood collection, and the sentencing shall be determined according to the circumstances of the crime. Anyone who illegally collects, manufactures, or manufactures blood products that do not meet the standards provided by the state and are sufficient to endanger human health, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine; where serious harm is caused to human health, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; and where especially serious consequences are caused, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

Legal basis: "Criminal Law of the People's Republic of China" Article 334 Crime of Illegally Collecting, Making, or Making Blood Products Illegally collecting, producing, or producing blood products that do not meet the standards prescribed by the State and are sufficient to endanger human health, shall be sentenced to up to five years imprisonment or short-term detention and shall also be fined; where serious harm is caused to human health, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where especially serious consequences are caused, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where a department that has been approved by the competent state department to collect, or produce or produce blood products, does not conduct testing in accordance with the provisions or violates other operational regulations, causing consequences that endanger the health of others, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention.

The legal liabilities for illegal blood collection include criminal, civil and administrative liability.

Illegal collection of blood, if it causes personal injury to the nuclear pickpocket, shall bear civil liability for compensation. If it does not constitute a crime, it shall be punished by administrative Lu Lu. where a crime is constituted, criminal responsibility is pursued.

For example: the crime of illegal collection, ** blood, production, ** blood products; Collecting, producing, and making blood products.

Anyone who illegally collects, manufactures, or manufactures blood products that do not meet the standards provided by the state and are sufficient to endanger human health, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine;

where serious harm is caused to human health, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where especially serious consequences are caused, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

Where the department that collects, manufactures, or manufactures blood products with the approval of the competent state department changes the case, and does not conduct testing in accordance with the provisions or violates other operational regulations, causing consequences that endanger the health of others, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be sentenced to up to five years imprisonment or short-term detention.

When distinguishing between the crimes of illegal collection, blood, production, and non-crimes, the act of collecting, producing, or making blood products must be illegal.

Illegality has two meanings:

refers to a violation of national operating procedures; The second refers to not having the qualifications to collect, ** blood or make ** blood products. If it is lawful, it does not constitute an offence. Secondly, the act of illegally collecting, making or making blood products must be sufficient to endanger human health.

In fact, whether the illegally collected or illegally produced blood products meet the standards set by the state can be used as one of the bases for judging whether it is "sufficient to endanger human health". Of course, other factors should also be taken into account when making specific judgments.