Lawyer's character

In this case, when a medical university student was serving as a trainee doctor, the patient he was responsible for treating died during the diagnosis and treatment process. The public security organs opened a case for investigation on the crime of illegal medical practice.

Since the case was quite controversial, the Provincial People's Congress raised a legal inquiry about the case to the Legal Affairs Committee of the National Senior Officials Association on the "meaning of illegal medical practice in Article 336 of the Criminal Law."

At that time, the Legal Affairs Commission clearly responded as follows:

“According to the provisions of the Practicing Physician Law, those who have graduated from a medical major in colleges and universities must serve a probationary period of one year in a medical unit under the guidance of a practicing physician before they can take the national unified examination to obtain the qualification of practicing physicians.

A person who graduates from a medical university and is assigned to a hospital as a trainee doctor and engages in corresponding medical activities during the probation period does not constitute illegal medical practice. "

“Master, in this case, the trainee doctor does not have the qualification to practice medicine, but he is practicing in a hospital, and the hospital’s qualifications are legal and compliant.

As for Tao Ji's case, Tao Ji holds the qualification to practice medicine, but does not practice in a legal medical institution. Although the situations in the two cases are not exactly the same, I think it should be a reference. Yun Qiao said.

Fang Yi put down the case in his hand, touched his chin, and looked at Yun Qiao after thinking for a moment: "Well done, this case is very similar to ours, you can refer to it. Is there any other material?"

"Yes, I checked the "Licensing Medical Practitioners Law". Please take a look at the provisions of Article 39." Yun Qiao handed over the document with legal provisions printed on it.

(The "Physician Law of the People's Republic of China" will come into effect on March 1, 2022, and the "Law of the People's Republic of China on Practicing Physicians" will be abolished at the same time)

“Article 39 of the Practicing Physician Law stipulates that any person who opens a medical institution to practice medicine or a non-physician to practice medicine without approval shall be banned by the health administrative department of the people’s government at or above the county level, and his illegal income, medicines and equipment shall be confiscated, and A fine of not more than 100,000 yuan shall be imposed; the physician's practicing certificate shall be revoked; if any damage is caused to a patient, he shall be liable for compensation in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law." Yun Qiao read the legal provisions.

"How do you understand this rule?" Fang Yi looked at Yun Qiao with a smile.

It is true that Fang Yi has a doctorate in criminal law, but human energy is limited. It is impossible for him to know all legal regulations. Illegal medical practice is not a violent crime. It involves professional knowledge in the medical industry and many administrative systems. Although He was exposed to some medical cases when he was in school, but the research was not in depth, so when encountering such cases, he needed to refer to relevant cases, laws and administrative regulations.

"Master, I think the provisions of Article 39 of the Practicing Physician Law and the provisions of Article 336 of the Criminal Law on the crime of illegal practice of medicine are connected.

The crime of illegal medical practice in the Criminal Law refers to the practice of medicine in medical institutions without approval or by non-physicians. Yun Qiao said with a proud look on his face.

"I don't think so, your point is not entirely correct.

You see, although Article 39 of the "Practicing Physician Law" stipulates administrative liability, civil liability and criminal liability for the legal liability of opening a medical institution to practice medicine without approval or for non-physicians to practice medicine.

However, the "Law of Practicing Physicians" is, after all, an administrative law for the management of practicing physicians. It focuses on administrative management. In this law, administrative penalties for violations of administrative management are relatively specific, while civil liability and criminal penalties are relatively specific. The investigation of responsibility is relatively vague, because the civil and criminal provisions are beyond the scope of the health administrative department.

Therefore, Article 39 of the "Law on Medical Practitioners" is not intended to connect with the crime of illegal medical practice in the "Criminal Law". "Fang Yi thought for a while and explained.

"Oh, that's it!" Yun Qiao suddenly realized.

"All of this information was checked?" Fang Yi looked unconvinced. Yun Qiao followed him to the detention center and reviewed papers all day long. How could he have the time to check cases and legal regulations so accurately and so quickly?

"Master, I can see the great distrust in me from your eyes." Yun Qiao said seriously.

"Don't look at it. If you look at it again, you still have eye mucus." Fang Yi looked at her with an expression that said it would be strange if I believed you, waiting for her to tell the truth.

"Okay, I'll confess. It was the new lawyer Meng who helped me with the investigation. Lawyer Meng is going through the transfer procedures. His lawyer's certificate has not been issued yet, so he can't handle the case for the time being.

I saw that he was idle, so I asked him to check it for me. Yun Qiao laughed awkwardly.

"Well, that's more or less the same. Lao Meng's theoretical foundation is quite good. If you have nothing to do, ask others for advice. You must combine the strengths of hundreds of schools of thought to achieve your major. Do you understand?" Fang Yi lectured.

"Yes. You want me to learn from you." Yun Qiao looked at Fang Yi with evil eyes.

"What does it mean to learn from a master? This is to learn openly and honestly. You handle a few cases with him, and help me pay attention to his professional ability and ability to adapt to court situations." Fang Yi said: "A good theoretical foundation does not necessarily mean Strong case handling skills.”

"Oh, I understand, I'm studying openly, but secretly working as an undercover agent to understand Lawyer Meng's practice, that's it!" Yun Qiao scratched her head, understood, and said.

"You can understand it however you want, but you are not allowed to tell others. I have no choice. I am busy all day long, so I can only inspect the lawyer like this." Fang Yi said helplessly.

"Okay. By the way, Master, the trial of Gu Jun's possession of stolen goods case will be held at nine o'clock next Wednesday morning. I have already informed Gu Hongqing. Are we still going to defend according to the previous plan?" Yun Qiao asked.

"Well, the plan remains unchanged, and there is no good solution now. I can only follow Gu Jun's advice." Fang Yi nodded.

"Is this a compromise?" Yun Qiao felt that the master had never accommodated the parties in formulating the plan, and always defended according to his own judgment, but this time...

"It doesn't count, it doesn't count. Think about it, the defendant has always claimed that he is innocent, and the procuratorate has no direct evidence to prove that the defendant is guilty, so everything is just a presumption.

If we disagree with the defendant at this time, isn't it equivalent to pleading guilty for the defendant? Then it is better not to accept the case.

Other lawyers will plead not guilty or plead guilty, but if we plead guilty when the procuratorate has no direct evidence, then the defendant's family will not be devastated. Moreover, we don’t know what the true situation of this case is, and whether the defendant is innocent or not.

So on the surface we defend the case not guilty, but in fact it is to cast as much doubt as possible into the case. When Mr. Gu came to take notes a few days ago, didn't we also tell him that the risk of innocent defense is relatively high, the chance of success is almost zero, and it is very likely to be punished as a crime of collecting viscera, but Mr. Gu insisted on pleading not guilty. In defense, he actually had a sense of luck, and so did his son, who wanted to try his luck. "Fang Yi explained.