Illegal Pharmaceutical Activity — CriminalLawyers.ge
Consumer, product, food & pharmaceutical crime

Illegal Pharmaceutical Activity

Illegal Pharmaceutical Activity: Article 246 analysis, focusing on separating product, consumer, IP, licensing and criminal issues under Georgian law.

English legal guideTbilisi · Georgia-wide
What matters in this case

The legal and evidential questions

Illegal Pharmaceutical Activity. The first task is to separate product, consumer, IP, licensing and criminal issues. The statutory starting point shown on this page is Article 246 (Illegal medical or pharmaceutical practice). It is potentially relevant where unauthorised practice allegedly causes health damage or death; licensing, individual conduct and causation must be established.

Collect licence and authorisation records, product composition and batch data, prescriptions or sales records, import documents and communications showing each participant’s operational role and knowledge.

Questions to answer first

01

Separate product, consumer, IP, licensing and criminal issues

02

Preserve representative samples and the complete supply chain

03

Identify manufacturer, importer, distributor, retailer and manager roles

04

Test composition, labelling, knowledge, quantity and alleged harm

Evidence that may matter

  • Samples, batch and laboratory records
  • Labels, packaging and marketing material
  • Supplier, customs and distribution files
  • Complaints, recalls and safety records
  • Technical, medical and accounting expertise
Criminal Code articles to consider

Criminal Code articles to check

Article 246

Illegal medical or pharmaceutical practice

Potentially relevant where unauthorised practice allegedly causes health damage or death; licensing, individual conduct and causation must be established.

Read full Article 246 text on this page
Article 198

Hazardous products

May apply to manufacture, import or sale of products hazardous to life or health, or unlawful labelling; representative testing and supply-chain role are central.

Read full Article 198 text on this page
Why the cited article can change
Relevant Criminal Code wording

Read the relevant Criminal Code provisions

The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.

Article 246Illegal medical or pharmaceutical practice

1. Illegal medical or pharmaceutical practice that results in health damage, –

shall be punished by a fine or imprisonment for up to three years.

2. The same act that has resulted in loss of human’s life, –

shall be punished by imprisonment for a term of three to seven years, with or without deprivation of the right to hold an office or to carry out activities for up to three years.

The consolidated official source is listed in the source section at the end of this guide.

Article 198Manufacturing, import or sale of products hazardous to human life or health

1. Manufacturing, import or sale of products hazardous to human life or health, or illegal usage of labels on such products, –

shall be punished by a fine or corrective labour for up to three years, by house arrest for a term of six months to two years, or by imprisonment for a term of three to five years.

2. The same act that has endangered human life or health, –

shall be punished by imprisonment for a term of five to eight years.

The same act that has caused human’s death or other grave consequences, –

shall be punished by imprisonment for a term of eight to twelve years.

The consolidated official source is listed in the source section at the end of this guide.

How the process may develop

01Product hold and sampling
02Supply-chain reconstruction
03Legal classification
04Expert testing
05Authority or complaint response
06Defence, recall and recovery coordination
Sources & legislation

Primary sources for this guide

Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.

Criminal Procedure Code of GeorgiaOfficial consolidated Criminal Code — current text & PDFConstitution of Georgia
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