refers to the objective existence of some criminal acts that endanger society. This is the first condition for filing a case. There are criminal facts, including two aspects.
1. To be investigated, it must constitute a crime in accordance with the provisions of the Criminal Law. 2. Filing a case should and can only be a criminal act. If it's not a crime, you can't file a case. There is no criminal fact, or in accordance with the provisions of the first paragraph of Article 15 of the Criminal Procedure Law, there is an illegal act that endangers society, but the circumstances are obviously minor and the harm is not great, and it is not considered a crime, so it should not be placed on file.
since filing a case is the beginning of investigating a crime, the fact that there is a crime at this time only refers to the discovery of a criminal act that harms society and violates the criminal law. As for the whole process of the crime, the specific circumstances of the crime, who the perpetrator is, etc., it is not required to make it clear in the case. These problems should be solved through investigation or trial activities after filing a case.
2. There must be certain factual materials to prove that the criminal facts did occur. Including criminal acts that have been committed, criminal acts that are being committed and criminal preparations.
(2) Necessity of investigating criminal responsibility
refers to investigating the criminal responsibility of the perpetrator according to law. Only if there are criminal facts that need to be investigated for criminal responsibility according to law, and criminal facts that need to be investigated for criminal responsibility according to law, it is necessary to investigate criminal responsibility and should be filed.
Article 15 of the Criminal Procedure Law stipulates that although there are criminal facts, the crime has passed the limitation period; Exempted from punishment by Amnesty; Failing to tell or withdraw the case of a crime dealt with in accordance with the provisions of the Criminal Law; The criminal suspect is dead; If other laws stipulate that criminal responsibility is exempted, criminal responsibility shall not be investigated.
II. Criteria for filing the crime of illegal medical practice
Article 57 [Crime of illegal medical practice (Paragraph 1 of Article 336 of the Criminal Law)] Anyone who illegally practices medicine without obtaining a doctor's practice certificate and is suspected of one of the following circumstances shall be filed for prosecution:
(1) Those who cause mild disability or organ tissue damage to the patient, resulting in systemic dysfunction, or those who suffer from moderate disability or organ tissue damage, resulting in serious dysfunction or death;
(2) Causing or threatening the spread and prevalence of Class A infectious diseases;
(3) using fake and inferior drugs or sanitary materials and medical devices that do not meet the national standards, which is enough to seriously endanger human health;
(4) practicing medicine illegally again after being punished twice by the administrative department of health;
(5) Other serious circumstances.
In any of the following circumstances, it belongs to "illegally practicing medicine without obtaining a doctor's practice certificate" as stipulated in this article:
(1) engaging in medical activities without obtaining a doctor's qualification or by illegal means;
(2) The individual has not obtained the Practice License for Medical Institutions to start a medical institution;
(3) engaging in medical activities during the period when the doctor's practice certificate is revoked according to law;
(4) engaging in rural medical activities without obtaining the practicing certificate of rural doctors;
(5) Family midwives engage in medical activities other than home delivery
(6) Those who engage in rural medical activities without obtaining the practicing certificate of rural doctors.