Lawyer

Chapter 786

At 07:30 in the evening, Deng Guangzhi felt the fetus move 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 ten o'clock in the evening, Qi Dongli still hadn't given birth, and her abdominal pain intensified and she broke out in cold sweat. Seeing that the situation was not good, Deng Guangzhi injected Jiang with another dose of Virus Ling and half of An Naijing, and Qi Dongli felt a little calm.

At 01:30 in the morning, Deng Guangzhi checked with his hands and told Deng Zhengbin that the fetus and pregnant woman were normal and that he could go to the hospital for further examination, and left after charging [-] yuan for the consultation fee.

The next morning, Deng Zhengbin found a car and took Qi Dongli to the county hospital for an examination. After examining Qi Dongli, the doctor diagnosed that the fetus had died in the womb.Then the county court induced labor on Jiang XX.

The forensic medical autopsy of the Municipal Forensic Medical Injury Institute concluded that Qi Dongli's fetus was caused by umbilical cord and placental lesions, and the intramuscular injection of 1 ml of oxytocin caused strong uterine contractions, resulting in fetal asphyxia and death in the uterus.

Deng Zhengbin, who learned the truth, regretted it unceasingly, his eyes were shattered, and he took his brothers and relatives to the clinic with sticks. After Deng Guangzhi knew about it, he ran away like a girl, and ran directly into 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 taken aback, and after asking about the situation, he immediately arrested Deng Guangzhi.

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

"Old Meng, does the defendant, Deng Guangzhi, have the qualifications to practice medicine, such as doctor's qualifications and medical institution license?" Fang Yi asked.

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

"Master, if he has no qualifications, the defendant in this case must have committed the crime of practicing medicine illegally." Yun Qiao said while pouring tea for everyone.

"Whether it constitutes a crime of illegal medical practice depends not only on whether you have qualifications, but also on the circumstances. Only serious circumstances constitute a crime.

In this case, because of the defendant's illegal practice of medicine, the fetus in the victim's womb was asphyxiated to death in the womb, and the abortion had to be induced, which did cause some harm to the victim.I think from the point of view of the plot, it is indeed a serious plot.

Lao Meng, is there anything else?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 accepted this case, no matter how serious the defendant's crimes are, I, as his defender, should fulfill my duty as a lawyer to find points in his favour, and defend him.

In this case, it was the family members of the patient who took the initiative to invite the defendant to deliver the baby at home. In other words, the defendant sought medical treatment "voluntarily". 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 misdemeanor.

I don't have much contact with such cases, so I would like to hear everyone's opinions. "Meng Guangda looked at everyone after finishing speaking.

"The defendant opened a small clinic. The victim's husband went to the clinic voluntarily and took the initiative to seek medical treatment. Should it be regarded as the victim's promise? I think it should not constitute a crime. It is an administrative violation and should be punished by the health department and compensate the victim for losses." Yun said. Joe's tone was not firm at all, she was a little uncertain.

"I think it may constitute a crime. In the case of the perpetrator illegally practicing medicine, 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 have also checked the relevant legal theory. According to the relevant theory, the victim's promise can only prevent the establishment of the crime if the following conditions are met:
First, the promise can only be a promise to others to infringe on the interests that one has the authority to dispose of;

Second, the promiser must have the ability to promise;
Third, the promise must be based on the true will of the promiser;

Fourth, there must in fact be a commitment;

Fifth, the infringement based on the commitment must not exceed the disciplinary authority of the promisee, nor can it violate the legal order. " Du Yong said.

"Well, I have also seen the conditions you mentioned when I was studying for a Ph. D. I think that 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 was a little confused. It wasn't that there was a problem with her understanding, but because she hadn't paid attention to the relationship between the victim's promise and deterring the crime 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 don't know the reason.

"I didn't have much contact with this content before. I just found the relevant content, but let me explain...it's a bit difficult. After all, I haven't handled related cases, and my understanding on paper is still a bit poor." Du Yong Very honestly.

Lawyers are not gods, so it's normal to have things you don't understand.It would be embarrassing if you pretend to understand if you don’t understand it. If you say it too big, it’s irresponsible to the person involved;

Meng Guangda didn't speak, but looked at Fang Yi, he was really not sure about this question.

"Let me talk about my understanding. If you have any questions or disagreements, please bring them up. My reasons are:

[-]. According to the classification of the "Criminal Law", illegal medical practice is a crime that endangers public health and infringes on social legal interests; no one has the authority to make promises to social legal interests, so the patient's promise is invalid.

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

The purpose of patients seeking medical treatment is to cure the disease, and it is impossible to promise to cause casualties to themselves.Therefore, the behavior of illegal medical practitioners causing casualties to patients cannot prevent the establishment of a crime because of the victim's commitment.

[-]. Generally speaking, illegal medical practitioners will falsely claim that they have the qualifications to practice medicine, or that they have superb medical skills, or give themselves the aura of genius doctors, ancestral medical skills, and old experts, so that patients believe it is true. Seek medical treatment from illegal practitioners knowing the truth.

Obviously, this cannot be regarded as the true meaning of the patient. To put it bluntly, if the patient knew the truth, he would definitely not seek medical treatment from him.Since the patient seeks care based on a misunderstanding, his promise is also invalid.

[-]. Illegal medical practice is illegal in nature, so even if the illegal medical practice obtains the consent of the patient, it is prohibited by law. "Fang Yi explained.

(End of this chapter)