Details of a case:
Chen Houde of the accused person was obtained on July 5, 2012 hold trade assistant doctor hold industry letter. On January 25, 2013, chen Houde joins in in home of chaste tree village opened chemist's shop, handled business certificate of business charter, medicines and chemical reagents, chen Houde is the controller of this drugstore.
Came 2014 between March 2015, person Chen Houde and wife Li Cuicui are in the accused to was not obtained " medical establishment hold licence of course of study " , and Li Cuicui of the accused person did not obtain a doctor hold below the circumstance of job seniority, it is a purpose in order to seek profit, law practise medicine is not in the home.
On March 18, 2015 12 when make, ling of king of villager of chaste tree village is taking son Zhang Qiming (male, unripe on October 20, 2011) to the accused person Chen Houde is asked to see a doctor in Home Chen Houde, after checking auscultation by Chen Houde, li Cuicui of the accused person is Zhang Qiming dispensation directly, and below the case that undertaking to Zhang Qiming sodium skin tries head Bao Qu Song, li Cuicui carried out vein inject infusion for Zhang Qiming. Zhang Qiming appears in infusion process drug allergy reaction, person of 2 the accused undertakes rescue is treated namely, other dialed 120 telephones. That day afternoon 14:10 minutes of Zhang Qiming send a hospital rescue by car of 120 emergency treatment, zhang Qiming consciousness is lost at that time, reach a heartbeat without own breath, double pupil comes loose to be secured greatly, electrocardiogram is shown linear. Zhang Qiming disables via rescue death, that day 16 when 05 minutes of hospitals stop rescue. Via appraisal of place of appraisal of material evidence of Xuzhou city public security bureau: Zhang Qiming accords with shock of sex of acute drug allergy to die.
Public security mechanism undertook investigation, discover the site of practise medicine of Chen Houde, Li Cuicui, namely themselves home, individual drugstore, did not obtain " medical establishment hold licence of course of study " .
Doctor Chen has name quite in place, the person is honest and kind also, get the villager greatly people reliance. He 2003 pass an entrance examination doctor qualification card and country hold card of doctor of course of study, those who become hill of pieplant of development of Xuzhou economy technology to press down a hospital writing rustic doctor, be accredited big temple presses down job of some village clinic. 2009, li Cuicui of Chen Houde wife opened a chemist's shop in the home of chaste tree village. Thenceforth rises, chen Houde is going to work, the villager that gives this village in the home sees a doctor, also open medicine to hang water in drugstore, the profit with not much collection.
After case hair, zhang Qiming's parents offers civil suit alone, after this case is sessional, classics both sides talks things over, chen Houde, Li Cuicui's couple compensates for RMB of Zhang Qiming's parents in all 670 thousand yuan.
Public prosecution mechanism thinks, chen Houde, Li Cuicui is in did not obtain " medical establishment hold licence of course of study " , Li Cuicui is in did not obtain a doctor hold below the circumstance of job seniority, illegal practise medicine, cause person seeing a doctor to die, ought to investigate the criminal duty of person of 2 the accused with blame of illegal practise medicine. Paraclete thinks Chen Houde has medical treatment qualification, be not dispute law practise medicine, should hold blame of unskillful and faulty medical or surgical treatment, li Cuicui is not practise medicine main body, also do not have behavior of independent practise medicine, do not make crime.
Court of people of development of Xuzhou economy technology adjudicates Li Cuicui of the accused person commits crime of illegal practise medicine finally, sentence a set term of imprisonment 10 years 6 months, punish golden RMB 10 thousand yuan; Chen Houde of the accused person commits crime of illegal practise medicine, sentence a set term of imprisonment 3 years, probation 5 years, punish golden RMB 4000 yuan.
Judge view:
1, the distinction of blame of illegal practise medicine and blame of unskillful and faulty medical or surgical treatment: Blame of illegal practise medicine is to point to did not obtain a doctor hold the person of job seniority is illegal practise medicine, the conduct with serious clue. Blame of illegal practise medicine and blame of unskillful and faulty medical or surgical treatment depend on whether be in activity of lawful diagnosis and treatment in the main distinction of impersonal aspect. Top people court on April 29, 2008 " about hearing case of criminal of illegal practise medicine specific application law the explanation of a certain number of problems " , have one of following state, should maintain for " did not obtain a doctor hold the person of job seniority is illegal practise medicine " , include among them: (one) was not obtained or obtain doctor qualification to undertake medical treatment activity with illegal means; (2) the individual was not obtained " medical establishment hold licence of course of study " the case of open medical establishment. In this case, li Cuicui of the accused person, Chen Houde is in practise medicine of inn of home Chinese traditional medicine, its home or this drugstore all was not obtained " medical establishment hold licence of course of study " , and Li Cuicui of the accused person did not obtain a doctor hold job seniority, reason all belongs to afore-mentioned judicatory to explain a provision " did not obtain a doctor hold the person of job seniority " case. Person Li Cuicui is in the accused to did not obtain a doctor hold below the circumstance of job seniority, have medical treatment activity, its behavior makes crime of illegal practise medicine. Although Chen Houde of the accused person possesses doctor qualification, be hospital of villages and towns from doctor of course of study, but in did not obtain " medical establishment hold licence of course of study " below the circumstance, the blame that privately manages in oneself undertakes activity of diagnosis and treatment in the drugstore of medical establishment, and activity of medical treatment business is carried out jointly with the wife in after be being punished by the unit, still continueing to be in the home, cause the serious consequence that children seeing a doctor dies, those who have illegal practise medicine is subjective and intended, its illegal medical treatment conduct should make crime of illegal practise medicine blame of unskillful and faulty medical or surgical treatment of and rather than.
Li Cuicui falls in the condition that did not obtain doctor qualification to cannot have activity of diagnosis and treatment, without consulting anyone gives children seeing a doctor dispensation, infusion, illegal practise medicine causes person death, its ought to bear corresponding guilty consequence.
2, 2 people are in collective crime process, who is prime culprit, who is accessary criminal?
In this case, zhang Qiming of the injured party appears after the diagnosis and treatment in family of 2 the accused allergic and deadly, classics appraisal accords with death of shock of sex of acute drug allergy. Chen Houde of the accused person knows perfectly well wife Li Cuicui not to possess practise medicine qualification, still achieve the examine of children seeing a doctor, cure jointly with the wife, the diagnosis of person of 2 the accused and remedial behavior caused the death of children seeing a doctor jointly, should carry jointly to dead result duty. In collective crime process, chen Houde of the accused person carried out the auscultatory behavior of pair of children seeing a doctor, and ever since specific cure behavior all is by Li Cuicui of the accused person, although person of 2 the accused answers to assume responsibility to the death of the injured party jointly, dan Licui's emerald green behavior is right the main effect since the dead result of children seeing a doctor, fasten this case prime culprit; Chen Houde's behavior has less important, auxiliary effect to dead result, the department is accessary criminal, combine its specific action and behavior, give to its reduce punishment.
3, doctor without permission is in the home hold the phenomenon of course of study, in actual life is relatively common, be in the environs with poorer condition of further from the city, medical treatment, country especially, more general, medical treatment behavior needs a standard, ought to give to afore-mentioned behavior corresponding punishment. Because inject head Bao was not done,the skin tries occurrence allergy to react and deadly incident also happens from time to tome. Fasten save trouble of graph be economical unhealthily, ailment brings big trouble possibly also, after all life nots allow to despise. (Wen Zhongjun ties assumed name)
