高检发研字[1991]2号甘肃省人民检察院:你院甘检研(1990)第12号《关于贩卖假毒品案件如何定性处理的请示报告》收悉。经研究,现答复如下:对贩卖假毒品的犯罪案件,应根据不同情况区别处理:明知是假毒品而以毒品进行贩卖的,应当以诈骗罪追究被告人的刑事责任;不知是假毒品而以毒品进行贩卖的,应当以贩卖毒品罪追究被告人的刑事责任,对其所贩卖的是假毒品的事实,可以作为从轻或者减轻情节,在 Gao Jian Fa Yan Zi [1991] No. 2 People’s Procuratorate of Gansu Province: Your hospital Gan Jinken (1990) No. 12 “on the sale of counterfeit drugs how to deal with the qualitative report of the Request,” was received. After the study, the answers are as follows: The crime of selling counterfeit drugs should be treated differently according to different situations: if it is known to be a fake drug and sold as a drug, criminal responsibility of the accused should be prosecuted for fraud; Drugs to be trafficked, the crime of drug trafficking should be held criminally responsible for the defendants, the sale of counterfeit drugs is the fact that they can be used as lighter or mitigate the plot in the