A pharmacist from Lyon who had sold protective masks against Covid-19 in March 2020, despite government requisitions during confinement, was sentenced Tuesday to a 4,000 euro fine, half suspended, by the criminal court.
The practitioner must also pay 3000 euros in damages to the council of the National Order of the profession.
The prosecution had requested a three-month suspended prison sentence.
"If the principle of solidarity is not respected by a health professional, I wonder how we're going to get out of it," criticized prosecutor Sophie Taupin in her indictment.
The defendant, whose dispensary is located in the city center, faced six months' imprisonment and a fine of 10,000 euros for the recent offense of "violation of a requisition decree by the sale of protective masks".
A first reminder to the law
"What shivers down your spine is that a pharmacist is not a grocer, it is the doctor of drugs, it is a heavy responsibility", insisted the prosecutor, "sorry" that he continued to sell masks after a first call to the law.
On March 7, 2020, this 41-year-old trader had indeed been the subject of a first procedure by the public prosecutor's office for having sold masks while a decree from the Prime Minister, dated 3, imposed the requisition of all masks from protection due to a shortage at the onset of the first epidemic wave.
The pharmacist then explained that he did not understand that the sale was prohibited.
"A few days after the decree, we can tolerate a form of incomprehension, but to start again after a call to order, we can not hear it", ruled the prosecutor.
"He flouted the profession"
After a second requisition decree from the Prime Minister, the pharmacist continued his illicit trade from March 10 to 21.
In twelve days, 1,699 copies were sold for a total of 3,068 euros with 47 customers, at prices sometimes higher than market prices, for a total margin of 1,030 euros.
Several employees and his pharmacist wife, with whom he has since been divorcing, assured investigators that he was not unaware of the ban in force.
"It was business, it was purely lucrative", lambasted at the hearing the lawyer of the departmental order of nurses, civil party in the trial.
"He flouted the profession," added the defender of the national council of the Order of Pharmacists.
Morning essentials newsletter
A tour of the news to start the day
Subscribe to the newsletterAll newsletters
The trader was placed under judicial supervision with a professional ban that lasted two months.
A disciplinary procedure is also underway with the Order.
"We had stock, what should we do?"
“We did not try to make money.
I should never have agreed to sell these masks.
People needed masks.
We had stock, what should we do?
“, Defended the respondent at the bar.
The pharmacist recalled the context of extreme tension around the demand for masks.
According to him, it was to respond to the concerns of his usual customers.
“We were overwhelmed by events,” he said.
“In a great tumult, (the pharmacy) was faced with an influx of nursing staff and patients very difficult to manage.
And nobody came to look for the requisitioned stocks ”, pleaded Alexandre Plantevin, his lawyer.
