Lawyer

Chapter 754 Compromise?

In this case, during his tenure as a trainee doctor at a medical university, the patient he was in charge of treating died during the diagnosis and treatment process. The public security organs filed a case for illegal medical practice and investigated him.

Due to the relatively high controversy in this case, the Provincial People's Congress raised a legal inquiry on the "meaning of illegal medical practice in Article 330 of the Criminal Law" to the Legal Work Committee of the National Senior Officials Council.

At that time, the Legal Work Committee gave a clear reply as follows:
"According to the Law on Practicing Physicians, those who have graduated from colleges and universities majoring in medicine shall have a one-year probation in a medical unit under the guidance of a practicing physician before they can take the national unified examination to obtain the qualification of practicing physicians.

Graduates from medical universities are assigned to hospitals as trainee doctors and engage in corresponding medical activities during the probationary period, which is not illegal practice of medicine. "

"Master, in this case, the trainee doctor is not qualified to practice medicine, but he is practicing in a hospital, and the hospital's qualifications are legal and compliant.

As for Tao Ji's case, Tao Ji holds the license to practice medicine, but did not practice in a legal medical institution. Although the circumstances of the two cases are not exactly the same, I think it should be a reference. " Yun Qiao said.

Fang Yi put down the case in his hand, rubbed his chin, and looked at Yun Qiao after thinking for a moment: "Good job, this case is very similar to ours, you can refer to it. Do you have any other materials?"

"Yes, I checked the "Law of Practicing Physicians" and you can read Article 30 and Article [-]." Yun Qiao handed over the document printed with legal regulations.

("Physician Law of the People's Republic of China" will come into effect on March 2022, 3, and "Practice Physician Law of the People's Republic of China" will be abolished at the same time)
"Article 30 of No. 10 of the Law on Practicing Physicians stipulates that those who open medical institutions to practice medicine or practice medicine without approval shall be banned by the health administrative department of the people's government at or above the county level, and their illegal income, medicines and equipment shall be confiscated, and they shall be fined. A fine of less than [-] yuan; a doctor’s license to be revoked; if any damage is caused to a patient, he shall be liable for compensation; if a crime is constituted, he shall be prosecuted for criminal responsibility according to law.” Yun Qiao read the legal provisions.

"How do you understand this rule?" Fang Yi smiled and looked at Yun Qiao.

It is true that Fang Yi has a doctorate in criminal law, but human energy is limited. It is impossible for him to know all the legal provisions. Illegal medical practice is not a violent crime. It involves professional knowledge in the medical industry and there are many administrative systems. He had come into contact with some medical cases when he was in school, but his research was not deep, so he needed to refer to relevant cases, laws and administrative regulations when encountering such cases.

"Master, I believe that Article 30 of No. 330 of the "Law of Practicing Physicians" and Article [-] of the "Criminal Law" on the crime of illegal medical practice are connected.

The crime of illegal medical practice in the "Criminal Law" refers to opening a medical institution to practice medicine without approval or practicing medicine by a non-physician. " Yun Qiao said proudly.

"I don't think so, your point is not entirely correct.

You see, although Article 30 of No. [-] of the "Law of Practicing Physicians" stipulates administrative, civil and criminal responsibilities for the legal liability of opening a medical institution to practice medicine without approval or non-physician practice.

However, the "Law of Practicing Physicians" is, after all, an administrative law for the management of licensed physicians. It focuses on administrative management. The investigation of responsibility is relatively vague, because the regulations on civil and criminal aspects have exceeded the scope of the health administrative department.

Therefore, the nine articles No. 30 of the "Law of Practicing Physicians" are not intended to connect with the crime of illegal medical practice in the "Criminal Law". Fang Yi thought for a while and explained.

"Oh, that's right!" Yun Qiao suddenly realized.

"You checked all these materials?" Fang Yi looked in disbelief. Yun Qiao followed him to the detention center and checked papers all day long. Would he have time to check the cases and legal regulations so accurately and so quickly?

"Master, I can see the great distrust in your eyes from your eyes." Yun Qiao said seriously.

"Don't look at it, there will still be eyeballs." Fang Yi looked at her with an expression that I believe you are strange, waiting for her to tell the truth.

"Okay, let me confess. It was the new lawyer Meng who checked it for me. Lawyer Meng is going through the procedure of changing the firm. The lawyer card has not been issued yet, so the case cannot be handled for the time being.

I saw that he was idle, so I asked him to check for me. "Yun Qiao laughed awkwardly.

"Well, that's about the same. Lao Meng's theoretical foundation is quite good. If you don't have anything to do, ask others for advice. You need to gather the strengths of a hundred schools of thought to achieve your major. Understand?" Fang Yi taught.

"Yes. You mean to let me learn art from a teacher." Yun Qiao looked at Fang Yi with treacherous eyes.

"What is stealing a teacher to learn art? This is learning in a fair and honest way. You follow him to handle a few cases, and help me pay attention to his professional ability and ability to adapt to court." Fang Yi said: "A good theoretical foundation does not necessarily Strong case handling ability.”

"Oh, I see. I'm learning the arts, but I'm working as an undercover agent secretly, and I know about Lawyer Meng's practice. Is that right?" Yun Qiao scratched her head, understood, and said.

"You can understand it however you want, but you are not allowed to tell others. I have no other choice. I am busy all day long, so I can only investigate lawyers in this way." Fang Yi said helplessly.

"Okay. By the way, master, Gu Jun's case of concealing stolen goods will start at [-]:[-] am next Wednesday, and I have already notified Gu Hongqing. Are we still defending according to the previous plan?" Yun Qiao asked.

"Well, the plan remains the same, and there is no good way now. I can only follow Gu Jun's words." Fang Yi nodded.

"Is this a compromise?" Yun Qiao felt that Master had never accommodated the parties in the formulation of the plan, and always defended according to his own judgment, but this time...

"It doesn't count, it doesn't count. Think about it, the defendant has always claimed that he is innocent, and the procuratorate has no direct evidence to prove that the defendant is guilty. Everything is presumption.

If we disagree with the defendant at this time, isn't that equivalent to pleading guilty for the defendant, then it is better not to accept the case.

Other lawyers defend innocence or misdemeanor. If we defend guilt without direct evidence from the procuratorate, the defendant's family will not be bombed.Moreover, we don't know what the real situation of this case is, whether the defendant was wronged or not.

So on the surface we plead not guilty, but in fact it is to make the case as suspicious as possible.A few days ago, when Mr. Gu came to take notes, didn’t we tell him that the risk of innocence defense is relatively high, and the probability of success is almost zero. In defense, in fact, he has a fluke mentality, and so does his son, who want to try their luck. "Fang Yi explained.

(End of this chapter)