Lawyer's character
Chapter 762 I want to do something good
After smoking a bag of dry cigarettes, Fang Youcai knocked the ashes from his pipe, got up and walked into the house. When he saw his grandson Fang Anzhi looking at his new sneakers, his eyes sparkling, he couldn't help but smile.
"Xiao Zhi, do these shoes fit?" Fang Youcai sat next to his grandson and asked in a low voice.
"It fits! Grandpa, do you think these shoes look good?" Fang Anzhi stared at the sneakers and asked without raising his head.
"It looks good!" Fang Youcai laughed and said, "What do you think...Aunt Yun?"
Hearing his grandfather's question, Fang Anzhi was obviously startled, and a trace of confusion flashed in his eyes: "...Aunt Yun is very good!"
Fang Youcai stretched out his hand and gently rubbed Xiaozhi's head.
…
At the end of July, Tao Ji's illegal medical practice case finally came to court.
Before the trial, whether out of humanitarian spirit or because they lived in the same community, the Tao family communicated with the victim's family and compensated the victim's family. The victim's family agreed not to go to the court and procuratorate to "reason", but the other party was still unwilling to issue a letter of understanding.
In the court, Mr. Tao was sitting in the defendant's box, showing no signs of panic. Tao Xuehong, Mi Jiahong and others in the gallery listened quietly to the prosecutor reading the indictment.
"...This court believes that the defendant Tao Ji ignored the state's regulations on doctors' practice of medicine, illegally practiced medicine without obtaining a 'medical institution practice license', and caused the death of a patient. His behavior violated Article 336, Paragraph 1, of the Criminal Law of the People's Republic of China states that the criminal facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for the crime of illegal medical practice.
In accordance with the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is being initiated and the person shall be sentenced in accordance with the law. "The female prosecutor at the public prosecutor's seat read out the indictment with a businesslike expression.
"Defendant Tao Ji, did you hear clearly the indictment just read out by the prosecutor? What crime are you accused of? Do you have any objection to the criminal facts accused of you in the indictment?" The presiding judge is a female judge with long hair. The man with short hair, numb expression, and cold eyes looked towards the dock and asked.
"Listen clearly, I have no objection to the criminal facts of the accusation, but I think my behavior does not constitute a crime. I am innocent." Tao Ji then picked up the printed defense reasons on A4 paper and read them. After sorting it out and interpreting the medical operation procedures and regulations, I stopped after more than 20 minutes.
Fang Yi listened to Mr. Tao's speech. To be honest, he didn't understand the technical aspects, and he believed that the judge and prosecutor didn't understand either.
He thought to himself: Cultural people are extraordinary. The old man must have held many meetings with the medical staff below before retiring. That little feeling is so good that it can be described in two words as "absolutely amazing".
"The public prosecutor can question the defendant about the criminal facts charged in the indictment," the presiding judge said.
"Defendant Tao Ji, why did the victim go to your home for treatment? Is there no medical institution such as a health center nearby?" the prosecutor asked.
"Most of the people living in our community are elderly. The nearest health center is more than five kilometers away from our community. We have to take two buses. The elderly are not as agile as young people, so it is difficult for many elderly people to live within these five kilometers. People." Tao Ji said truthfully.
"How did you know?" The prosecutor was unconvinced and felt that the defendant was making excuses.
“Our community was planning to open a medical room before, and the community staff had specially investigated it before. The purpose of opening the medical room is to solve some simple medical problems of the elderly in the community.
I also knew about these situations at that time, but because the health department did not approve it later, the medical room could not be opened.
But many people know me through the community. I worked in the People's Hospital for more than 30 years before retiring. I am a doctor and everyone trusts me, so community residents are willing to come to me for infusions, injections or simple diagnosis and treatment. I didn't promote it. "Tao Ji replied.
"Do you charge any fees when providing medical services to community residents?" the prosecutor then asked.
"I don't charge service fees, only some materials, such as band-aids, needles, syringes, etc." Tao Ji said.
"On the day the crime occurred, the victim came to your house for injections. Did you ask about the victim's allergic history?" the prosecutor asked.
"I asked, not only did I ask, I also gave him a skin test. I operated according to medical standards. I did it how the hospital did it. All the procedures were in compliance." Tao Ji argued. .
"Do you have a license to practice in a medical institution?" the prosecutor asked.
"No, but I have the qualifications of a doctor and a practicing physician. I used to work in the People's Hospital and was a doctor." Tao Ji said, but the prosecutor disagreed.
"On the day of the crime, after you injected the victim with an injection, how did the victim react?" the prosecutor continued to ask.
"She had an allergic reaction, and I gave her an anti-allergic injection in accordance with medical procedures. After that, because the patient did not improve, I also injected her with injections for raising blood pressure and anti-shock. Later, I made an emergency call and sent the patient to the hospital. He went to the hospital for emergency treatment," Tao Ji replied.
"Presiding Judge, the prosecutor has finished asking questions," the prosecutor said.
"Can the defendant's defender ask questions to the defendant?" the presiding judge said.
"Defendant, what is your purpose of treating patients at home?" Fang Yi asked.
"It's very simple. There are many elderly people in our community. For simple injections and infusions, they don't want to go out and find it inconvenient. I do it for everyone's sake, not to make money.
And from the time I received medical treatment at home to now, I really haven't made any money. I have to spend money to buy some disposable medical equipment, such as needles, syringes, infusion supplies, etc. "Tao Ji said.
"Do you purchase your medical equipment from regular manufacturers?" Fang Yi asked.
"Yes, I asked for an invoice, and I paid whatever I paid in, so I didn't make any difference. The public security department took away all the invoices before. I just wanted to do something good for the patients in this community and play my part. Waste heat. Not for making money." Tao Ji replied.
"Presiding judge, the defender has finished asking questions." Fang Yi looked at the presiding judge and said.
"The following is the presentation of evidence and cross-examination. Is there any new evidence that the prosecution and defense parties and the defendant need to submit?" The presiding judge
"No." Sanfang replied.
…
“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.
The prosecutor will give his opinion first. "said the presiding judge.
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