YOU LL.SS. 27-7-34 (art. 170-171-172)
Consolidated Text on Health Laws - Royal Decree - 27 July 1934, n. 1265,
published in the Supplement ord. at Gazz. Phew. 9 August 1934, no. 186.
Approval of the consolidated text of health laws (1).
The united text of the health law is approved, made up of 394 articles and eight annexed tables, seen, on our order, by the head of government; first minister secretary of state, minister secretary of state for the interior (2).
CONSOLIDATED TEXT OF HEALTH LAWS
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Article 170
Doctors or veterinarians who receive, for themselves or for others, money or other benefits or who accept the promise thereof, for the purpose of facilitating, with medical prescriptions or in any other way, the diffusion of medicinal products or any other product for pharmaceutical use, are punished with imprisonment of up to one year and with a fine ranging from 400,000 to 1,000,000 lire (1) (2). (Omitted) (3). If the fact also violates other provisions of the law, the relative sanctions are applied according to the rules on the concurrence of crimes. The conviction entails the suspension from the exercise of the profession for a period of time equal to the duration of the inflicted sentence (2) (4). (1) The amount of the fine was raised by art. 113, first paragraph, law 24 November 1981, no. 689. (2) Paragraph thus amended by art. 16, legislative decree 30 December 1992, no. 541. (3) Paragraph deleted by art. 16, legislative decree 30 December 1992, no. 541. (4) See also art. 26, legislative decree 29 May 1991, no. 178.
Article 171
The pharmacist who receives money or other benefits for himself or for others or accepts the promise thereof, for the purpose of facilitating in any way the diffusion of medicinal specialties or the products indicated in the previous article, to the detriment of other products or specialties of which he has also accepted the sale, is punished with imprisonment of up to one year and with a fine ranging from 400,000 to 1,000,000 lire (1) (2). (Omitted) (3). If the fact violates other provisions of the law, the relative sanctions will also apply according to the rules on the concurrence of crimes. The conviction entails the suspension from the exercise of the profession for a time equal to the duration of the imposed sentence (2). Regardless of the exercise of the penal action, the prefect can, by decree, order the closure of the pharmacy for a period of one to three months, and in case of recidivism pronounce the forfeiture of the exercise of the pharmacy (4). (1) The amount of the fine was raised by art. 113, first paragraph, law 24 November 1981, no. 689. (2) Paragraph thus amended by art. 16, legislative decree 30 December 1992, no. 541. (3) Paragraph deleted by art. 16, legislative decree 30 December 1992, no. 541. (4) See also art. 26, legislative decree 29 May 1991, no. 178.
Article 172
The penalties established in the articles 170 and 171, first and second paragraph, also apply to anyone who gives or promises money or other benefits to the healthcare professional or pharmacist. If the offense is committed by the producers or traders of the specialties and products indicated in the aforementioned articles, the Minister for the Interior (1), independently of the exercise of the penal action, can order, by decree, the closure of the production workshop and of the premises where the trade is exercised for a period from one to three months and, in case of recurrence, can order their definitive closure. The Minister can also revoke the registration of medicinal products or the authorization to prepare or import for sale any other product for pharmaceutical use (2). (1) Minister of Health. (2) See, also, the art. 26, legislative decree 29 May 1991, no. 178.
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