Lawyer's character

At 7:30 p.m., Deng Guangzhi felt the fetal movement after touching it with his hands. He thought there were signs of labor, so he gave Qi Dongli an intramuscular injection of oxytocin (1 ml).

But until after 10 o'clock in the evening, Qi Dongli still did not give birth, and the pain in her abdomen worsened and she broke out in cold sweats. Seeing that the situation was not good, Deng Guangzhi injected Jiang with one tube of Viralin and half a tube of Diazepam. Qi Dongli felt a little calmer.

At 1:30 in the morning, Deng Guangzhi checked with his hands and told Deng Zhengbin that both the fetus and the pregnant woman were normal and that he could go to the hospital for further examination. He paid a 100 yuan consultation fee and left.

The next morning, Deng Zhengbin found a car and took Qi Dongli to the county hospital for examination. After the doctor examined Qi Dongli, he diagnosed that the fetus had died in the womb. Later, the county hospital performed labor induction on Jiang Moumou.

The forensic autopsy conclusion of the Municipal Forensic Medical Injury Examination Institute determined that Qi Dongli’s fetus was tied to the umbilical cord and placental lesions, and the intrauterine injection of 1 ml of oxytocin caused strong uterine contractions, causing the fetus to suffocate in the womb.

Deng Zhengbin, who learned the truth, regretted so much that his eyes were split. He took his brothers and relatives to the clinic with sticks. When Deng Guangzhi found out, he ran away and ran directly to the police station.

As soon as Deng Guangzhi entered the police station, Deng Zhengbin rushed over with more than ten people. The policeman on duty was startled. After asking about the situation, he arrested Deng Guangzhi directly.

"This Deng Guangzhi is quite a thief. If he doesn't run into the police station, he will be beaten." Zhou Ying gave a very objective evaluation of the defendant.

"Lao Meng, does the defendant Deng Guangzhi have any medical qualifications, such as a doctor's qualification and a medical institution license?" Fang Yi asked.

"No, I asked him when I went to meet him. To put it bluntly, he is just a barefoot doctor with no qualifications." Meng Guangda replied.

"Master, if he is not qualified, the defendant in this case must be guilty of illegal medical practice." Yun Qiao said while pouring tea for everyone.

“Whether it constitutes the crime of illegal medical practice should not just depend on qualifications, but also on the circumstances. Only serious cases constitute a crime.

In this case, because the defendant’s illegal medical practice caused the fetus in the victim’s belly to suffocate and die in utero, she had to induce labor, which indeed caused some harm to the victim. I think from the plot point of view, it is indeed serious.

Lao Meng, are there any other situations? Has the defendant been punished before? "Fang Yi looked at Meng Guangda.

"Yes, the defendant was punished twice by the health department before." Meng Guangda replied.

"What's your problem?" Fang Yi continued to ask.

“I think so, since we have taken this case, no matter how guilty the defendant is, as his defender, I should fulfill the obligations of a lawyer, find points that are beneficial to him, and defend him.

In this case, the patient's family took the initiative to ask the defendant to deliver the baby at home. In other words, the defendant "voluntarily" sought medical treatment. Can this prevent the establishment of the crime of illegal medical practice? If not, then whether this point can be a favorable support for the defense of light crime.

I haven't come across many cases like this, so I'd like to hear everyone's opinions. "After Meng Guangda finished speaking, he looked at everyone.

"The defendant runs a small clinic. The victim's husband went to the clinic to seek medical treatment voluntarily and proactively. Should it be regarded as a promise by the victim? I think it should not constitute a crime, but an administrative violation. The health department should punish him and compensate the victim for his losses." Yun Qiao's tone was not firm at all, she was a little unsure.

"I think it may constitute a crime. When the perpetrator is practicing medicine illegally, the patient only promises the perpetrator to treat him, which should only be regarded as an abstract promise." Zhou Ying supported.

"I have read Da Ge's case file before, and I also checked the relevant legal theories. According to the relevant theories, the victim's promise can only prevent the establishment of a crime if it meets the following conditions:

First, a promise can only be a promise that others will infringe upon the interests that one has the authority to dispose of;

Second, the promiser must have the ability to commit;

Third, the promise must be based on the true will of the promisor;

Fourth, there must in fact be a commitment;

Fifth, the infringement committed based on the promise shall not exceed the disciplinary authority of the promiser, nor shall it violate the legal order. " Du Yong said.

"Well, I have seen these conditions you mentioned when I was studying for a PhD. I think the defendant's promise in this case cannot prevent the establishment of the crime." At this time, Fang Yi interjected.

"Why? Lawyer Du, how do you understand this case?" Zhou Ying is a little confused. It's not that there is a problem with her understanding, it's because she didn't pay attention to the relationship between the victim's promise and the crime prevention before, so now she just There will be a feeling of being in the clouds. Although I feel that the defendant should have committed a crime, I am not sure of the reason.

"I have had little contact with this content before. I only found out the relevant content, but let me explain it...this is a bit difficult. After all, I have never handled any related cases, so my understanding on paper is still a bit poor." Du Yong Said very matter-of-factly.

Lawyers are not gods, so it’s normal to have things they don’t understand. It would be embarrassing to pretend to understand if you don't understand. At the most, it would be irresponsible to the person concerned; at the most minor level, if things continue like this, your colleagues will not take your opinions seriously, and you will have no place in the team.

Meng Guangda said nothing and looked at Fang Yi. He was really unsure about this question.

"I will tell you my understanding. If you have any questions or different opinions, please raise them. My reasons are:

1. According to the classification of the Criminal Law, illegal medical practice is a crime endangering public health and infringes upon social legal interests; no one has the authority to commit to social legal interests, so the patient's commitment is invalid.

2. When the victim does not know the specific treatment plan of the illegal medical practitioner, the illegal medical practitioner has not been promised the specific treatment behavior, and the commitment to the treatment behavior can only be a specific commitment.

The purpose of patients seeking medical treatment is to cure their illnesses, and they cannot promise to cause casualties to themselves. Therefore, if an illegal medical practitioner causes casualties to patients, it is impossible to prevent the establishment of the crime just because of the victim's promise.

3. Generally speaking, illegal medical practitioners will falsely claim that they have medical qualifications, or falsely claim that they have superb medical skills, or they will give themselves a halo of miracle doctors, ancestral medical skills, veteran experts, etc., so that patients will believe it, and patients will not be able to do it if they are not Seek medical treatment from illegal practitioners after knowing the truth.

This obviously cannot be considered to be the true meaning of the patient. To put it more bluntly, if the patient knew the truth, he would definitely not seek medical treatment from him. Because the patient sought care based on a misunderstanding, the promise was invalid.

4. Illegal medical practice is essentially illegal, so even if the illegal medical practice obtains the consent of the patient, it is prohibited by law. "Fang Yi explained.