Lawyer's character

"Can it be understood this way? In cases of illegal medical practice, if the illegal practitioner conceals the fact that he has not obtained the doctor's qualification, causing the victim to mistakenly make a promise to agree to his medical treatment, then the promise will be It did not come from the victim's true will, so it cannot constitute a promise that can exclude the criminality of the perpetrator." Yun Qiao said with his big eyes blinking.

"On the other hand, even if the person who practices medicine illegally has informed the victim of the fact that he has not obtained the medical qualification, the victim still agrees or requests him to treat himself, because the victim's consent or request is only an abstract commitment to the medical act itself. , does not include a commitment to the possible casualties caused by illegal medical practices, nor does it constitute a commitment that can exclude the criminality of the perpetrator.

In the above circumstances, even if the victim expressly expresses his willingness to assume medical risks, since the victim has no authority to commit to public health, a social legal interest, his commitment is still invalid, and the criminality of the perpetrator's illegal medical practice cannot be ruled out. Is that right? "Zhou Ying's mind was spinning very quickly. After Fang Yi finished speaking, she had already grasped the key points.

"Yes, you can understand it this way." Fang Yi smiled.

"I have a question. If you do have medical skills, but you have not obtained the qualification to practice medicine, but you cure the patient's disease, how does this count?" Yun Qiao suddenly asked.

"If the patient is cured, do you think the patient will still go to the public security department to report a crime or report his illegal medical practice?" Meng Guangda asked with a smile.

"Oh, that's right! After everything is cured, the patient will definitely not report the case." Yun Qiao thought for a moment and said to himself.

"But if patients don't report the case, it doesn't mean that others don't report the case, such as competitors and administrative departments. From a legal analysis, there is no problem if they report or punish illegal medical practice. They have exercised their rights and regulated the market. But in the local area From the common people's perspective... it's hard to tell which one is right or wrong. The medical conditions in rural areas need to be improved, otherwise there wouldn't be so many illegal medical practices." Meng Guangda has eaten salt for more than ten years more than Yun Qiao, and has richer natural and social experience. , the perspective of looking at things is also different.

"Hey! In today's society, those with certificates may not really be able to cure diseases, and those without certificates may not necessarily be liars. This is the reality." Du Yong added.

"I got a little sidetracked, let's get back to the point.

That is to say, in this case, although the defendant, who was not qualified as a doctor, was invited by the pregnant woman’s husband to deliver the baby, he used drugs in violation of regulations, causing strong uterine contractions in the pregnant woman and causing intrauterine fetal death. His behavior reached the requirements of the Criminal Law. The degree of 'serious circumstances' stipulated in Article 336, therefore, the defendant committed the crime of illegal medical practice. "After Zhou Ying finished speaking, she looked at everyone and asked for their opinions.

"I agree." Yun Qiao was the first to raise his hand in agreement. Others agreed.

"Okay, since there are no other opinions, Lao Meng, after the verdict of this case comes out, you can inform everyone, and we will review the court's trial thinking.

This time it will either be a complete victory or the entire army will be annihilated. You have to think about it carefully. "Fang Yi joked.

Facts have proved that the power of collective is powerful.

A week later, Deng Guangzhi's case came to trial, and the presiding judge pronounced the verdict in court.

The court held that the defendant Deng Guangzhi did not obtain the qualification to practice medicine and engaged in medical activities without authorization, causing the death of the fetus of a pregnant woman who was visiting the hospital. The circumstances were serious and his behavior constituted the crime of illegal medical practice.

Based on the facts, circumstances and harmful consequences of the case, and in accordance with the provisions of Article 336, Paragraph 1, of the Criminal Law, the verdict is that the defendant Deng Guangzhi is guilty of illegal practice of medicine and is sentenced to two years and six months in prison and fined one year. Thousand dollars.

Because the defendant and the victim's family reached a compensation agreement, the victim did not file a civil lawsuit for compensation in the criminal case.

After the first-instance verdict was announced, the defendant did not appeal within the statutory time limit, and the public prosecution did not file a protest, so the verdict became legally effective.

…

In an inconspicuous cafe in the urban area, the lights are dimmed, the music is ethereal, and the environment is elegant. Lawyer Zou is sipping fragrant coffee while looking at the pedestrians and vehicles on the street through the glass window on the second floor.

He has been troubled recently. Lawyer Zhao, who had previously bribed Hua Liancheng's team, went to poach Fang Yi, but things went wrong. Although Lawyer Zhao did not leak him out, Hua Liancheng was already alert.

Now the capital side has put forward new requirements, not only to control the financial department of the law firm, but also to appoint its own lawyers to enter the field and serve as first-level partners, which makes him very disgusted. To put it bluntly, the capital side still cannot trust him, and the two sides have to continue the game.

Fortunately, through unremitting efforts, the relationship between him and Hua Liancheng has made progress. Today he made an appointment with Director Hua to talk about things, preparing to dig a hole for Wan Kefa.

"Lawyer Zou, I've been waiting for a long time!" Hua Liancheng, wearing a white shirt, trousers, and brown leather shoes, walked over leisurely with a smile, like a gentleman.

"Lawyer Hua, sit down quickly. I've just arrived." Lawyer Zou stood up and stood at the table. He smiled and watched Hua Liancheng take his seat before sitting down: "What would you like to drink?"

"Let's have a latte!" Hua Liancheng hesitated and replied.

After a while, the coffee was brought.

"Lawyer Zou, is there anything we can't discuss in the firm and why we have to discuss it here?" Hua Liancheng looked at Lawyer Zou across from him in confusion.

"Actually, it's nothing. We haven't chatted together for a long time. I think the coffee in this shop tastes good. I specially invite you to come and try it." Lawyer Zou stirred the coffee in the cup with the spoon in his hand and said.

In Hua Liancheng's view, his statement was somewhat inconsistent with what he said.

Hua Liancheng smiled and thought to himself: Chatting over coffee? Why are you so free? Well, since you won't mention the business, I won't talk about it either. I'll see how long you can hold it in.

Sure enough, after rambling a few words, Lawyer Zou organized his conversation and asked: "Lawyer Hua, after you talked to Lawyer Wan last time, did Lawyer Wan talk to you again?"

Hua Liancheng shook his head slightly and sighed: "He still has concerns about introducing external funds."

"What about Lawyer Du? What does she think?" Lawyer Zou asked again.

"Although Lawyer Du's attitude is milder, it can be seen that she is also disgusted with external capital investment and control of the financial department. This matter is not easy to handle." Hua Liancheng frowned.

After hearing this, Lawyer Zou did not continue the topic.

Lawyer Du couldn't even accept the conditions for capital investment and control of the financial department, let alone the appointment of first-level partners by the capital side. This is the rhythm of seizing power!

To be honest, Lawyer Zou also disagreed with the capital side’s proposal to appoint partners because he wanted to be the top leader of the law firm and use capital resources to make the law firm take off and make himself famous.