"Is that understandable? In the case of illegal practice of medicine, if the person who illegally practices medicine conceals the fact that he has not obtained the qualification to practice as a doctor, causing the victim to erroneously make a promise to agree to his or her medical act, because the promise is not of the true will of the victim, it cannot constitute a promise that can exclude the perpetrator from being criminal. Yun Qiao said with wide eyes.

"On the other hand, even if the person who illegally practices medicine has informed the victim of the fact that he is not qualified to practice as a doctor, but the victim still agrees or requests him to seek medical treatment for himself, because the victim's consent or request is only an abstract promise of the medical act itself, and does not include a promise of the results of death or injury that may be caused by the illegal medical act, it cannot constitute a promise that can exclude the perpetrator's criminality.

In the above circumstances, even if the victim clearly expresses his willingness to bear the medical risk, since the victim does not have the authority to commit to the social legal interest of public health, his commitment is still invalid, and the criminality of the perpetrator's illegal practice of medicine cannot be ruled out because of this. 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 that way." Fang Yi smiled.

"I have a question, if you do have medical skills, but you are not qualified to practice medicine, but you cure the patient's disease, how can this be counted?" Yun Qiao asked suddenly.

"If the patient is cured, do you think the patient will go to the police department to report the case or report him for practicing medicine illegally?" Meng Guangda asked with a smile.

"Oh, too! All of them are cured, and the patient will definitely not report the case. Yun Qiao thought for a moment and said to himself.

"But just because the patient doesn't report the case doesn't mean that someone else doesn't report the case, such as a competitor or the administrative department. If analyzed from the law, there is no problem with them reporting or punishing illegal medical practice, and they have not only exercised their rights but also regulated the market, but in the eyes of the local people...... It is difficult to say which is right and which is wrong, and the medical conditions in the rural areas need to be improved, otherwise there would not be so many illegal medical practices. "Meng Guangda has eaten more salty salt than Yun Qiao for more than ten years, and he has more experience in natural society, and he looks at things from a different angle.

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

"It's a bit off, let's get back to business.

In other words, in this case, although the defendant who had not obtained the doctor's license was invited by the pregnant woman's husband to deliver the baby, he used drugs in violation of regulations, causing the pregnant woman to have strong contractions and die in the womb, and his conduct reached the level of 'serious circumstances' as provided for in Article 336 of the Criminal Law, so the defendant constituted the crime of illegal medical practice. After Zhou Ying finished speaking, she looked at everyone and asked for advice.

"I agree." Yun Qiao was the first to raise his hand in approval. Others agreed.

"Okay, since there are no other opinions, Lao Meng, after the verdict of this case comes out, you tell everyone, let's review the court's trial ideas.

This time it's either all won or all annihilated, you can think about it. Fang Yi joked.

The power of the collective has proven to be powerful.

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

The court held that the defendant Deng Guangzhi had not obtained a doctor's license and engaged in medical practice activities without authorization, causing the death of the fetus of a pregnant woman, and the circumstances were serious, and his conduct constituted the crime of illegal medical practice.

Based on the facts, circumstances, and harmful results of the case, and in accordance with the provisions of Article 336, Paragraph 1 of the Criminal Law, it is decided that the defendant Deng Guangzhi committed the crime of illegally practicing medicine, and was sentenced to two years and six months imprisonment and a fine of 1,000 yuan.

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

After the first-instance judgment was announced, the defendant did not file an appeal within the statutory time limit, and the public prosecution did not raise a prosecutorial counter-appeal, and the judgment took legal effect.

……

In an inconspicuous café in the city, with slightly dim lighting, ethereal music, and an elegant environment, Mr. Zou sipped fragrant coffee while looking at the pedestrians and vehicles on the street through the glass window on the second floor.

Recently, he has been more troubled, Lawyer Zhao, who had previously bought Hua Liancheng's team, went to dig up Fang Yi, but the matter was smashed, although Lawyer Zhao did not leak him, but Hua Liancheng was already alert.

Now the capital side has put forward a new demand, not only to control the financial department of the law firm, but also to appoint his own lawyer to enter the market as a first-class partner, which makes him very disgusted. To put it bluntly, the capital side still can't believe him, and the two sides have to continue to play.

But fortunately, after unremitting efforts, the relationship between him and Hua Liancheng has progressed, and today he asked Director Hua to come out to talk about things, preparing to dig a pit for Wankefa.

"Lawyer Zou, I've been waiting for a long time!" Hua Liancheng was wearing a white shirt, trousers, and brown leather shoes, smiling, and walked over unhurriedly, like a gentleman.

"Lawyer Hua, sit down. I've just arrived a while. Lawyer Zou got up and stood at the table, smiling and watching Hua Liancheng take a seat, before sitting down: "What to drink?" ”

"Let's have a latte!" Hua Liancheng hesitated.

After a while, coffee was served.

"Lawyer Zou, is there anything you can't talk about in the law firm, you have to come here to discuss?" Hua Liancheng looked at Lawyer Zou opposite in puzzlement.

"Actually, it's nothing, we haven't talked together for a long time, I think the coffee in this shop tastes okay, I specially invite you to come and try it." Lawyer Zou said as he stirred the coffee in the cup with the spoon in his hand.

In Hua Liancheng's view, his statement is somewhat unreasonable.

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

Sure enough, after a few idle words, Lawyer Zou organized the language and asked, "Lawyer Hua, after you talked to Lawyer Wan last time, did Lawyer Wan communicate with you again?" ”

Hua Liancheng shook his head lightly and sighed: "He still has concerns about the introduction of external funds. ”

"What about Lawyer Du? What did she think? Lawyer Zou asked again.

Although Ms. Du's attitude is mild, it can be seen that she is also disgusted with external capital investment and control of the financial department. It's not easy to do. Hua Liancheng frowned.

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

Lawyer Du can't even accept the conditions for capital investment and control of the financial department, let alone the appointment of a first-level partner by the capital side, which is the rhythm of seizing power!

To be honest, Mr. Zou also disagreed with the proposal of the capital side to appoint a partner, because he wanted to be the leader of the law firm and use the resources of capital to make the law firm take off and make himself famous.

(End of chapter)