Lawyer

Chapter 787 Dig a Pit

"Can it be understood in this way? In the case of illegal medical practice, if the person who illegally practices medicine conceals the fact that he has not obtained the doctor's qualification, thus causing the victim to make a wrong promise to agree to his medical treatment, the promise It's not from the victim's true will, so it can't constitute a promise that can rule out the perpetrator's criminality." Yun Qiao blinked her eyes wide.

"Conversely, even if the person who illegally practices medicine has informed the victim of the fact that he has not obtained the medical qualifications, 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 practice itself. , does not include the promise of casualties that may be caused by illegal medical practices, nor does it constitute a promise that can exclude the criminality of the perpetrator.

Under the above circumstances, even if the victim expressly voluntarily assumes the medical risk, since the victim has no authority to make a commitment to the social legal interest of public health, the commitment is still invalid, and the criminality of the perpetrator’s illegal medical practice cannot be ruled out.Is that so? "Zhou Ying's mind turned quickly, and after Fang Yi finished speaking, she had already grasped the key point.

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

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

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

"Oh, that's right! It's all cured, and the patient will definitely not report the crime." Yun Qiao thought for a while and said to herself.

"But patients do not report the case, which does not mean that others do not report the case, such as competitors and administrative departments. From a legal analysis, they report or punish illegal medical practice. There is no problem. They have exercised their rights and regulated the market. However, in the local From the eyes of ordinary people...it is hard to say which is right and which is wrong, the medical conditions in rural areas need to be improved, otherwise there would not be so many illegal medical practitioners." Meng Guangda has had more salt than Yun Qiao for more than ten years, and he has more experience in natural society , look at things from different angles.

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

"It's a bit off track, let's get back to the topic.

That is to say, in this case, although the defendant, who has not obtained the qualifications to practice medicine, was invited by the pregnant woman’s husband to deliver the baby, his illegal medication caused the pregnant woman’s strong uterine contractions and caused the fetus to die in the uterus. 336 provisions of the 'serious circumstances' degree, so the defendant constituted the crime of illegal medical practice. "After Zhou Ying finished speaking, she looked at the crowd and asked for their opinions.

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

"Okay, since there is no other opinion, Lao Meng, after the verdict of this case comes out, please let everyone know, and let's review the trial to see the court's thinking.

This time, it's either a total victory or annihilation of the whole army, you can think about it. "Fang Yi joked.

Facts have proved that collective power is powerful.

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

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

According to the facts, circumstances, and harmful consequences of the case, and in accordance with the first paragraph of Article 336 of the Criminal Law, the defendant Deng Guangzhi committed the crime of illegal medical practice and was sentenced to two years and six months in prison and a fine of 1000 yuan.

Because the defendant reached a compensation agreement with the victim's family, the victim did not request compensation in the criminal case attached to the civil lawsuit.

After the verdict was pronounced in the first instance, the defendant did not file an appeal within the statutory time limit, nor did the public prosecution organ lodge a protest, and the judgment 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 watches the pedestrians and vehicles on the street through the glass window on the second floor while sipping a cup of fragrant coffee.

Recently, he has been quite disturbed. Lawyer Zhao, who had bought Hua Liancheng's team before, went to dig Fang Yi, but things went wrong. Although Lawyer Zhao didn't let 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 lawyer to enter the market as a first-level partner, which makes him very disgusted.To put it bluntly, the capital side still can't 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 invited Director Hua to come out to talk about things, and was going 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 with a smile on his face, like a gentleman.

"Lawyer Hua, sit down quickly. I just arrived." Lawyer Zou got up and stood by the table, 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, coffee was served.

"Lawyer Zou, is there anything that you can't discuss in the office, but why do you have to come here to discuss it?" Hua Liancheng looked at the opposite lawyer Zou in puzzlement.

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

From Hua Liancheng's point of view, his statement was somewhat misleading.

Hua Liancheng smiled and said in his heart: drink coffee and chat?Why are you so idle!Well, since you don't mention anything serious, I won't say anything, I'll see how long you can hold it back.

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

Hua Liancheng shook his head lightly, 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 quite disgusted with external capital investment and controlling the financial department. This is not easy to handle." Hua Liancheng frowned.

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

Lawyer Du can't even accept the conditions of capital investment and control of the financial department, let alone the appointment of a first-level partner by the capital side. This is the rhythm of seizing power!
To be honest, Attorney Zou also disagrees with the capital side’s proposal to appoint a partner, because he wants to be the top leader of the law firm and use the capital’s resources to make the law firm take off and make himself famous.

(End of this chapter)