Lawyer's character

“Based on the prosecutor’s defense opinions and responses, the defender issued the following defense opinions:

The defender believes that when an act is deemed ‘illegal’, it generally involves two circumstances: administrative violation and criminal violation (that is, a crime).

"Illegal practice of medicine", if analyzed only from the literal meaning, also includes the above two situations. It should not be thought mechanically that all administrative violations, if the circumstances are serious, constitute a crime.

From a practical point of view, in the vast rural areas where there is a lack of medical treatment and medicine, there is an even shortage of medical and health care personnel. It is very difficult to find a doctor with formal medical education.

Under this situation, if we combine the illegal practice of medicine by people who have no medical knowledge at all and have not obtained the qualifications of practicing doctors, and the illegal practice of medicine by people who have the qualifications of practicing doctors, that is, who have nationally recognized medical knowledge and skills, in violation of relevant medical management regulations, they treat people. It is unrealistic to equate it with a person with a medical practice certificate who treats patients beyond the place of practice, practice category, and scope of practice, as "illegal medical practice" under the Criminal Law.

Doing so will only make doctors who are supposed to treat illnesses and save lives even more fearful. When they encounter patients who really need treatment, instead of saving lives and rescuing the wounded first, they will first consider whether they will be sentenced. At the same time, it will also make it more difficult to run an already overstretched health care network. This is by no means the original intention of the legislation.

The defender believes that whether a person's behavior constitutes "illegal medical practice" must be based on the original intention of the legislation and a specific analysis based on specific cases, and must not be interpreted as literal and one-size-fits-all.

For those who are already qualified to practice medicine and open a medical institution to practice medicine without approval, or practice medicine without registering with the health administrative department, or without obtaining a "physician practice certificate" or a "medical institution practice license", it is only Violation of the provisions of the Practicing Physician Law on the administrative management of medical practice activities. Although it is illegal to practice medicine in a broad sense, the nature of the behavior is only an administrative violation, and administrative penalties should be imposed instead of criminal penalties.

In this case, the defendant Tao Ji not only had medical qualifications and rich experience, but also fully followed medical operating procedures when injecting penicillin into the patient. The patient had an allergic reaction after the injection of penicillin, and the defendant also took measures, but in the end The patient died despite ineffective rescue efforts.

This kind of allergic reaction does not occur often in medicine and is closely related to the patient's constitution. Even if an injection is given in the hospital, it is unforeseen and unavoidable. Therefore, the defender believes that this case should be legally considered an accident. The defendant should not bear criminal responsibility. complete. "Fang Yi responded.

…

Under the shade of the trees on the roadside outside the court gate, Fang Yi frowned, and Tao Xuehong and Mi Jiahong looked unhappy. Yun Qiao on the side felt that the atmosphere was a bit depressing.

"Lawyer Fang, do we have to appeal next?" Mi Jiahong asked with a sad look on his face.

"Lawyer Fang, we must fight for the second trial. It all depends on you." Tao Xuehong said firmly with tears in her eyes.

"Well, now we can only appeal. Mr. Tao expressed his dissatisfaction with the verdict in court. I also think that the facts determined by the court were wrong and the applicable law was wrong. The second instance may change the verdict." Fang Yi said with firm eyes.

After the trial, the presiding judge pronounced the verdict in court.

The court held 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 constituted the crime of illegal medical practice. Should be punished in accordance with the law.

In accordance with the provisions of Article 336, paragraph 1, of the Criminal Law, the verdict was that the defendant Tao Ji was guilty of illegal medical practice and was sentenced to ten years in prison and fined one thousand yuan.

Tao Xuehong in the gallery almost fainted in her seat after hearing the verdict. Defendant Tao Ji expressed dissatisfaction with the verdict in court and wanted to appeal.

To be honest, Fang Yi was not convinced, and he was holding a breath in his heart.

"Well, what about the cost?" Mi Jiahong asked after hesitation.

"The legal fees for the second trial are 100,000 yuan. The travel expenses are the same as those for the first trial." Fang Yi replied.

"Lawyer Fang, please prepare the entrustment procedures. I will come to you to sign tomorrow." At the court hearing, Tao Xuehong saw Fang Yi's performance.

She knew that Fang Yi had tried her best. In the current situation, even if she temporarily changed her defense to another lawyer, she might not be able to get a better result. She might as well seize the time to prepare for the second trial.

On the third day after the judgment was issued, Fang Yi submitted the appeal to the court, and then waited for the second instance to begin.

Yun Qiao has been wondering whether Boss Fang has been unlucky recently, made a mistake in judgment, and wandered into Maicheng!

Although victory or defeat is common in military affairs, the result of Tao Ji's case was far from his expectations. Fang Yi felt a little uncomfortable. In the evening, he went to Huihuang to have a drink and chat with Li Shuming.

"Old Fang, you are unjust!" Li Shuming sat on the sofa in the office, holding a beer in his hand, looking at Fang Yi opposite him, and complained.

There were four simple snacks on the big coffee table in the office. Both of them had already filled their stomachs in the restaurant downstairs. They were sitting in the office purely for drinking.

"Why am I not loyal?" Fang Yi was startled, put down his beer and looked at him.

"Let's put it this way, you basically had to come to Huihuang once a week before, but since you hooked up with that Miss Yun, it's good to come once a month. Do you think you value sex over friends?! "Li Shuming crossed his legs and shook the beer can in his hand, joking.

"Let me correct you, it's not Miss Yun, it's Ms. Yun. Anyway, she is a general manager. She must have given you a discount on the tea you drank in Huihuangli." Fang Yi was slightly tipsy.

"That's true. She gives me a discount every time. Yun is always a good person." Li Shuming burped and said, "How far have you and her gone? Holding hands and having sex?"

"Vulgar, Lao Li, we are also cultural people after all, we can't be so vulgar." Fang Yi curled his lips and said.

"Excuse me, stop pretending to me. You are just a cultural person who has blindly flowed down to your bones. Wocao... you are not engaging in platonic love, and you are relying on your spirit?!" Li Shuming looked at Fang Yi in surprise. .

"Is it possible? Can love without X be called love? That's called partnership in business." Fang Yi leaned on the sofa, took a sip of beer, and retorted.

"So you have made substantial progress?" Li Shuming leaned forward curiously, staring, waiting for Fang Yi's reply.

"I can only tell you twelve words?" Fang Yi asked mysteriously.

"The sheets have been rolled away, and Mr. Yun has already got it!" Li Shuming said, waving his fingers in a cowardly manner.

"The revolution has not yet succeeded, comrades still need to work hard!" Fang Yi added.