EU STANDARDI KRIVIČNO-PRAVNE ZAŠTITE U DOMENU FALSIFIKOVNjA LEKOVA I MEDICINSKIH PROIZVODA I DOMAĆE MATERIJALNO KRIVIČNO ZAKONODAVSTVO

Abstract

Knowing the problem of counterfeit medicines and medical devices and understanding the standards set by the Convention on counterfeiting pharmaceutical products and similar crimes that pose a threat to public health is also important for domestic situations, given that Serbia signed this Convention in 2019. Analysis of the standards of criminal law intervention in the domain of preventing the production and distribution of counterfeit medicines and medical products contained in the Convention and domestic (substantive) criminal legislation indicates that the future implementation of the Convention makes it necessary to introduce a special incrimination of counterfeit medicines and medical products into the Criminal Code. The paper presents the most important elements of incrimination de lege ferenda, while in terms of other normative interventions, the question of the legitimacy of the criminalization of the production and trade of substandard medicines, as well as the criminalization of the trade of unregistered medicines and medical devices, is open.