At half past seven in the evening, Deng Guangzhi felt fetal movement after touching and checking with his hand, thinking that there were signs of labor, so he injected Qi Dongli with a bottle of oxytocin (1 ml) intramuscularly.

But until more than ten o'clock in the evening, Qi Dongli still did not give birth, and the abdominal pain intensified and cold sweat broke out.

At half past one o'clock in the morning, Deng Guangzhi touched the examination with his hand and told Deng Zhengbin that the fetus and the pregnant woman were normal and that they could go to the hospital for further examination, and left after charging a 100 yuan visit fee.

The next morning, Deng Zhengbin found a car and took Qi Dongli to the county hospital for examination, and after the doctor examined Qi Dongli, he diagnosed that the fetus had died in the womb. Subsequently, the county court induced labor on Jiang Moumou.

The forensic autopsy appraisal conclusion of the Municipal Forensic Medical Examination Institute determined that Qi Dongli's fetus was tied to the umbilical cord and placental lesions, and strong contractions were caused by intramuscular injection of oxytocin 1 ml, resulting in the fetus suffocating to death in uterus.

Deng Zhengbin, who learned the truth, regretted it, his eyes were torn, and he took his brothers and relatives at home to the clinic with a stick.

As soon as Deng Guangzhi entered the police station, Deng Zhengbin rushed over with more than a dozen people. The policeman on duty was taken aback, and after asking about the situation, he directly arrested Deng Guangzhi.

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

"Lao Meng, does the defendant Deng Guangzhi have any medical qualifications, such as doctor's qualifications and medical institution licenses?" Fang Yi asked.

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

"Master, if you don't have the qualifications, the defendant in this case must constitute the crime of illegal medical practice." Yun Qiao said while pouring tea for everyone.

"Whether or not the crime of illegal medical practice is constituted depends not only on whether there are qualifications, but also on the circumstances, and only if the circumstances are serious can a crime be constituted.

In this case, because the defendant's illegal practice of medicine caused the fetus in the victim's womb to suffocate and die in uterus, labor had to be induced, which did cause some harm to the victim. I think that judging from the plot, it is indeed a serious circumstance.

Lao Meng, is there anything else? Has the defendant been punished before? Fang Yi looked at Meng Guangda.

"Yes, the defendant has been 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 taken on this case, no matter how great the defendant's crime is, I, as his defender, should fulfill the duty of a lawyer, find a point in his favor, and defend him.

In this case, it was the patient's family who took the initiative to invite the defendant to attend the baby at home, in other words, the defendant 'voluntarily' sought medical treatment. If not, then can this point be a favorable support for the defense of the lesser crime?

I don't have much contact with this kind of case, so I want to hear your opinions. Meng Guangda looked at everyone after speaking.

"The defendant ran a small clinic, and the victim's husband went to the clinic voluntarily and voluntarily to seek medical treatment, which should be regarded as the victim's commitment, right? I think it should not constitute a crime, it is an administrative offense, and it should be punished by the health department and compensate the victim for the loss. Yun Qiao's tone was not firm at all, she was a little unsure.

"I think it might constitute a crime. In the case of the perpetrator's illegal practice of 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's case file before, and I have also checked the relevant legal theories, according to which the victim's promise can only prevent the establishment of a crime if the following conditions are met:

First, a promise can only be a promise to others to infringe on one's own interests that one has the authority to dispose of;

Second, the pledgee must have the ability to commit;

Third, the promise must be based on the true will of the person who made the promise;

Fourth, there must be a commitment in fact;

Fifth, the infringement carried out on the basis of the promise must not exceed the sanction authority of the person making the promise, nor can it violate the law and order. Du Yong said.

"Well, I also saw these conditions when I was studying for my PhD. In my view, the defendant's commitment in this case cannot prevent the establishment of the crime. At this time, Fang Yi interjected.

"Why? Mr. Du, how do you understand this case? Zhou Ying didn't understand it a little, it wasn't that there was a problem with her understanding, it was because she hadn't paid attention to the relationship between the victim's commitment and the obstruction of the crime before, so now she felt a little in the clouds, although she felt that the defendant should constitute a crime, but she said that she couldn't clean up the reason.

"I didn't have much contact with this piece of content before, I just looked up the relevant content, but let me explain...... This one is a bit harder. After all, I haven't handled any related cases, and my understanding on paper is still a little worse. Du Yong said very realistically.

Lawyers are not gods, and it is normal to have something that they don't understand. If you don't know how to pretend to understand, then it will be embarrassing, and at worst, it will be irresponsible to the parties; To put it mildly, in the long run, your colleagues will not take your opinion seriously, and there will be no place for you in the team.

Meng Guangda didn't speak, and looked at Fang Yi, he was indeed a little uncertain about this question.

"Let me tell you my understanding, if you have questions or different opinions, everyone will raise them. My reasons are:

1. According to the classification of the Criminal Law, the illegal practice of medicine is a crime that endangers public health and infringes on the legal interests of society; No one has the authority to commit to the legal interests of society, so the patient's commitment is invalid.

2. In the case where the victim does not know the specific treatment plan of the illegal practitioner, the specific treatment of the illegal practitioner has not been promised, and the commitment to the treatment can only be a specific commitment.

The patient's purpose in seeking medical treatment is to cure the disease, and it is impossible to promise to cause injury or injury to himself. Therefore, it is impossible for the illegal practitioner to cause death or injury to a patient to be established because of the victim's promise.

3. Generally speaking, illegal practitioners will falsely claim that they have the qualifications to practice as doctors, or falsely claim that they have excellent medical skills, or they will give themselves the aura of miracle doctors, ancestral medical skills, old experts, etc., so that patients will believe that they are true, and patients will seek medical treatment from illegal practitioners without knowing the truth.

Obviously, this cannot be considered as the patient's true meaning, to put it bluntly, if the patient knew the truth, he would definitely not seek medical treatment from him. Since patients seek care based on misunderstandings, their promises are also invalid.

4. The illegal practice of medicine is inherently illegal, so even if the illegal practice of medicine is obtained with the consent of the patient, it is prohibited by law. Fang Yi explained.

(End of chapter)