Lawyer

Chapter 764 Going to Maicheng? !

"Based on the prosecutor's defense opinions and responses, the defender issued the following defense opinions:
The defender believes that when an act is identified as 'illegal', it generally includes two situations: administrative violations and criminal violations (that is, crimes).

'Illegal practice of medicine', if only analyzed from the literal meaning, also includes the above two situations.It should not be mechanically considered that any act that is an administrative violation and the circumstances are serious constitutes a crime.

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

Under such circumstances, if the illegal practice of medicine by a person who has no medical knowledge at all and has not obtained the qualification of a medical practitioner is compared with that of a person who has the qualification of a medical practitioner, that is, medical knowledge and technology recognized by the state, who violates the relevant medical administration regulations and treats people It is unrealistic to equate it with a person with a doctor's practice certificate who goes beyond the place of practice, the type of practice, and the scope of practice to see a doctor. It is regarded as "illegal practice of medicine" in the Criminal Law.

Doing so will only make doctors who are supposed to save lives more fearful. When encountering patients who really need treatment, instead of saving lives and healing the wounded, they should first consider whether they will be sentenced.At the same time, it would make it harder to run an already overwhelmed healthcare network.And all this is by no means the intent of the legislation.

Defenders believe that whether a person's behavior is "illegal practice of medicine" should be based on the original intention of the legislation, and a specific analysis should be carried out according to specific cases.

For those who already have the qualifications of medical practitioners, who set up medical institutions to practice medicine without approval, or did not register with the health administrative department, and practiced medicine without obtaining a "physician's practice certificate" or a "medical institution's practice permit", only Violation of the provisions of the Law on Practicing Physicians on the administrative management of physicians' practice activities, although in a broad sense it is illegal to practice medicine, but the nature of the behavior is only an administrative violation, and administrative punishment should be imposed instead of criminal punishment.

In this case, the defendant Tao Ji not only has the qualifications and rich experience as a doctor, but also completely followed the medical operation procedures during the injection of penicillin to 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 after resuscitation failed.

This kind of allergic reaction does not happen often in medicine, and has a lot to do with the patient's constitution. Even if the injection is given in the hospital, it is unpredictable and avoidable. Therefore, the defender believes that this case should be an accident in law.The defendant should not bear criminal responsibility.complete. "Fang Yi replied.

……

Under the shade of trees on the side of the road outside the gate of the court, Fang Yi frowned tightly, and Tao Xuehong and Mi Jiahong's husband and wife looked unhappy.Yun Qiao on the side felt that the atmosphere was a bit oppressive.

"Lawyer Fang, do you have to appeal next?" Mi Jiahong asked with a sad face.

"Lawyer Fang, we must go to the second trial, and it's all up to 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 are wrong, and the law applied is wrong. The second trial may change the verdict." Fang Yi said with firm eyes.

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

The court held that the defendant, Tao Ji, ignored the state regulations on the management of doctors practicing medicine, practiced medicine illegally without obtaining a "medical institution practice license", and caused the death of the patient. His behavior constituted the crime of illegal medical practice. Should be punished according to law.

In accordance with the provisions of the first paragraph of Article 336 of the "Criminal Law", the judgment: the defendant Tao Ji committed the crime of illegal medical practice, and was sentenced to ten years' imprisonment and a fine of 1000 yuan.

Tao Xuehong, who was in the auditorium, almost fainted on the seat after hearing the verdict.Defendant Tao Ji expressed dissatisfaction with the judgment in court and wanted to appeal.

To be honest, Fang Yi refused to accept it, and he held his breath in his heart.

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

"The lawyer's fee for the second trial is 10 yuan. The travel expenses are the same as in the first trial." Fang Yi replied.

"Lawyer Fang, you are ready to entrust the formalities. I will come to you to sign tomorrow." At the trial scene, Tao Xuehong saw Fang Yi's performance.

She knew that Fang Yi had tried his best, and under the current situation, even if she temporarily changed to another lawyer to defend, she might not be able to get a better result. It was better to hurry up and prepare for the second trial.

On the third day after the verdict was issued, Fang Yi submitted the petition to the court, and the next step was to wait for the second trial.

Yun Qiao has been wondering if Boss Fang has had bad luck recently, made a mistake in judgment, and left Maicheng!
Although winning or losing is a common matter in military affairs, the verdict of Tao Ji's case was far from what he expected. Fang Yi felt a little awkward. At night, he went to Brilliant to drink and chat with Li Shuming.

"Old Fang, you are dishonest!" Li Shuming complained while sitting on the sofa in the office with a beer in his hand, looking at Fang Yi opposite.

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

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

"Let's put it this way, you used to have to come to Brilliant basically every week, but since you hooked up with that Miss Yun, it's not bad to come once a month. Tell me, do you value sex over friends?! Li Shuming joked, crossing his legs and shaking the beer can in his hand.

"Let me correct you. It's not Ms. Yun, it's Ms. Yun. Anyway, she's also a general manager. She'll give you a lot of discounts on the tea you drink in Brilliance." Fang Yi felt a little drunk.

"It's true, you give me a discount every time. Yun is always a good person." Li Shuming hiccupped and said, "How far have you and her developed? Holding hands and having sex?"

"Vulgar, Lao Li, we are also cultural people, we can't be so vulgar." Fang Yi said with a curl of his lips.

"Cut, don't pretend to me. It's a blind stream of cultural people, and it's all down to the bone. I'm so stupid... You can't be engaging in platonic love, and you're pinning it on your spirit, right?!" Li Shuming looked at Fang Yi in surprise .

"Is it possible? Can love without X be called love? That's called partnership business." Fang Yi retorted after taking a sip of beer while leaning on the sofa.

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

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

"The bed sheet has been rolled, and Mr. Yun has already got it!" Li Shuming said meanly, breaking his fingers.

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

(End of this chapter)