Objective effects of the crime of manufacturing medicines without a license ( A comparative study)

Abstract

The offense of manufacturing medicines without a license is considered one of the serious crimes that affect public health and the economy, given the direct threat it poses to individuals' lives and societal safety as a result of producing medicines outside the legal framework. The criminal conduct consists of an individual or entity manufacturing medicines without obtaining an official license from the Minister of Health who is the competent authority for granting such licenses in accordance with the provisions of the Pharmacy Practice Law. Both the Iraqi legislator and the comparative legislations have explicitly provided for a penalty for the offense under study prescribing imprisonment and a fine, However, neither the Iraqi legislator nor the comparative legislations have imposed an aggravated penalty commensurate with the gravity of the act, nor have they identified any mitigating or exempting circumstances for this offense . A person convicted of the crime of manufacturing pharmaceuticals without a license is not subject to any ancillary penalties; however, the competent court may, in its judgment, impose supplementary penalties. It is observed that neither the Iraqi legislator nor the comparative legal systems under review specify aggravating circumstances for the crime in question; consequently, general legal principles apply. Furthermore, the legislation examined contains no provisions for legal excuses that would mitigate or exempt an offender from punishment for this crime. Both the Iraqi legislator and the comparative legal systems provide for precautionary measures regarding this offense, namely: the closure of the premises, a prohibition on practicing the activity, and confiscation.