From 20 11April1day to April 29th, Wang suffered from coronary heart disease-acute myocardial infarction, and his heart function was Grade II-III. He is hospitalized in the prison bureau hospital. Because of his serious illness, he needs a heart stent operation. Wang was granted medical parole (emergency protection) by the prison administration of the autonomous region for 6 months. Wang then underwent coronary stent surgery. After the expiration of medical parole, he intends to extend the period of medical parole (that is, renewal). On the basis of investigation, relevant doctors selectively synthesized Wang's treatment opinions during emergency and hospitalization in affiliated hospitals, and wrote the outpatient medical records of renewal insurance.
After that, Wang was released on medical parole for six times, and 1 was temporarily executed outside prison for seven years, during which he went out to travel, work, get married and have children.
According to the court's judgment, five prison doctors in Inner Mongolia prison system seriously violated the relevant laws and regulations in the process of identifying the condition of the criminal Wang, which constituted the crime of dereliction of duty and abuse of power respectively.
The first hurdle for prisoners to apply for medical parole because of their physical discomfort is the prison doctor. ? There is only a small infirmary in our prison, and there are only two instruments: sphygmomanometer and blood glucose meter. Most prison doctors are general practitioners. What do they rely on? Work hard? ,? Prison doctor shaman (pseudonym) told? Medical science? .
Constipation is the most common problem in shaman prison, and you laugh at yourself with nicknames? Dr. shit Because there is no fruit in the prison, many prisoners from other places are easily acclimatized, so they use a lot of kaiselu. The prison cooperates with the local public security hospital. If it is not necessary, the prison will take the prisoner's blood and urine samples to the hospital for testing, and then take the medicine back to the prison for the prisoner to take.
Shamans have met criminals who pretend to be sick and cheat insurance. They often exaggerate their illness and claim that they have symptoms such as vomiting blood. ? I will give them a urine cup and let them collect the blood they spit out, so there is often no more. ? The shaman said.
Article 254 of the Criminal Procedure Law stipulates that if a criminal is seriously ill and must be released on parole for medical treatment, the hospital designated by the provincial people's government shall make a diagnosis and issue a certificate.
The serious diseases here refer to distant metastasis of cancer, heart disease, heart function grade III (extremely high risk), pulmonary embolism and other diseases without medical intervention? Zhang Yongquan said. With the approval of the prison doctor, the parole of prisoners needs to go through the designated hospital for medical appraisal, which is the most vulnerable link. Zhang Yongquan used to be a prosecutor, supervising prisoners to carry out relevant identification. ? If there is no supervision procedure, prisoners can find seriously ill patients instead of identification, precisely because doctors have no right to verify the identity information of prisoners. Zhang Yongquan said, for example.
A study on 20 12 shows that 76.9% of the cases that violate the statutory conditions for medical release on parole are directly related to the identification of criminals' disability (if they do not meet the requirements of the scope of disability for medical release on parole), and 17.3% is related to the identification (if the time limit for medical release on parole exceeds the statutory time), accounting for 94.2% in total.
Some scholars believe that there are no detailed regulations on the qualifications of hospitals and doctors in the medical appraisal of parole in China. The above research shows that part of the disease identification of medical parole is not made by hospitals designated by provincial people's governments, but by general district and county hospitals and even township hospitals, and the scientific nature of the identification conclusion can not be guaranteed. Secondly, the scope of related designated hospitals is too wide and the level is low, so the scientificity and neutrality of appraisal can not be guaranteed. However, the current laws and regulations do not clearly stipulate how to supervise and manage the identification of criminals on medical parole, who the appraiser should be and how to manage it.
The lack of various systems has led to frequent reports of illegal medical parole cases.
In 2000, Zou Mou, a gangster from Dalian, was sentenced to death with a suspended execution for the crime of intentional homicide. While serving his sentence in prison, he bribed the prison manager and illegally obtained medical parole, which triggered another bloody case.
2065438+June 2006, Zhong Mou, former Party Secretary of Guangxi Zhuang Autonomous Region Prison Administration, was sentenced to fixed-term imprisonment of 12 years and fined 600,000 yuan for helping Li, the principal criminal of Nandan mine accident that shocked the whole country.
The amount of bribes for medical treatment outside the hospital can reach one million. In 2008, a prisoner in Jiangsu was released on parole for more than 4 million yuan, and both sides were sentenced. 20 19 a policeman in Beijing was sentenced to 3 million yuan for taking bribes10.5 years.
A study on 20 17 counted the information from 20 14 to 20 16 published by the national information network for temporary execution of commutation and parole outside prison. The results showed that the number of people who were temporarily executed outside prison published on the national internet was 1 183, of which 86 1 person was released on parole, accounting for 73%. According to the work report of the Supreme People's Procuratorate in 20 19, in 20 18, 39,287 people were supervised and corrected for improper execution of commutation, parole and temporary probation, up 38.9% year-on-year; 4,439 people were corrected for lack of management.
The above figures show that abnormal execution outside prison is on the rise in the whole country, among which abnormal execution outside prison accounts for a high proportion.
Lawyer Zhang, who is familiar with this situation? Medical science? Express:? Illegal medical parole is essentially caused by the gap of medical knowledge. As a legal supervision organ, the procuratorate lacks substantive supervision power and cannot conduct substantive review of the doctor's appraisal results. In my opinion, more professionals need to be brought in and cross-checked for more effective supervision. ?