Criminal Offences Related to Illicit Trafficking in Falsified Medicines: Investigation Problems

Abstract

The aim: Formulate recommendations for improving the efficiency of detection and investigation of trafficking in falsified medicines, application of criminal¬istics knowledge. To analise the contemporary condition and the latest trends in combating this type of crimes and to justify the need for creation of a complex criminalistic methodic investigation. Materials and methods: Аnalysis of the applicable laws governing trade in medical products in Ukraine; judgments of courts of Ukraine for the period from 2013 to 2022; results of generalization of 128 criminal proceedings; active employee survey results (205 respondents) etc. Over the course of the present research, we have used general scientific and specialised research methods. Results and Conclusions: Increasing the effectiveness of combating the illegal circulation of falsified falsified medicines is a complex problem that encompasses a whole system of directions, requiring the combined efforts of international bodies and organizations, various scientists. One of the priority directions for the introduction of an effective mechanism for combating the distribution of falsified medicines is the development of a complex criminalistic methodic investigation.

The challenges associated with the prevention of smuggling and counterfeiting health goods in Iran

“…According to World Customs Organization, counterfeit goods account for approximately 7 to 10% of global trade and the revenues from these sales are growing [ 12 ]. It seems currently there is no common understanding of counterfeit medicines; none effective mechanism to combat the illegal circulation of counterfeit medicines at national and international level, no productive international cooperation; not a proper exchange of data, and shortage of single database of detected and registered cases of counterfeit medicines, all together which making any cooperation between law enforcement agencies of different countries highly challenging [ 1 ]. This study revealed the challenges for prevention of smuggling health goods in Iran, associated mainly with three areas of formulation, implementation and evaluation of anti-smuggling policies.…”

“…Therefore, it requires an integrated system of directions with the joint efforts of international bodies and organizations, various experts. for instance, the priority directions for the introduction of an effective mechanism to combat the distribution of counterfeit medicines is the development of a complex criminalistics methodical investigation [ 1 ].…”

“…The pharmaceutical market is considered potentially as the third largest sector of the international black economy, after the firearms and drug markets. The World Health Organization (WHO) experts estimate the total value of the global illegal pharmaceutical market up to 30 billion dollars [ 1 ]. Given their global spread, the smuggling and counterfeiting of pharmaceutical goods are now seen as an international (transnational) phenomenon.…”

“…Smuggling is the process of moving goods or products illegally into or outside a country in response to an unmet need. This may occur to compensate for a deficiency or in an effort to maximize specific profit [ 1 , 2 ]. It has allegedly widespread damaging effects in terms of economic, social, cultural, political, and security aspects, and in a way, may give the way to more corruption.…”