Legal basis: Article 336 of the Criminal Law states that a person who has not obtained the qualification of a medical practitioner illegally practices medicine, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (1) Article 57 A person who has not obtained the qualification for practicing medicine illegally and is suspected of one of the following circumstances shall file a case for prosecution:
(1) Causing mild disability or organ and tissue damage to patients, causing general dysfunction, or causing serious dysfunction or death due to moderate disability or organ and tissue damage;
(2) Causing or threatening the spread and prevalence of Class A infectious diseases;
(three) the use of counterfeit drugs, inferior drugs or sanitary materials and medical devices that do not meet the standards prescribed by the state, which is enough to seriously endanger human health;
(4) Illegally practicing medicine again after being punished twice by the health administrative department;
(five) other serious circumstances.
In any of the following circumstances, it belongs to the "illegal practice of medicine by persons who have not obtained the qualification of doctors" as stipulated in this article:
(a) without obtaining the qualification of a doctor or engaging in medical activities by illegal means;
(two) the individual has not obtained the "medical institution practice license" to start a medical institution;
(three) engaged in medical activities during the period when the doctor's practice certificate was revoked according to law;
(four) engaged in rural medical activities without obtaining the practice certificate of rural doctors;
(five) family midwives to carry out medical activities other than home delivery.
In this article, the provisions of "mild disability, organ and tissue damage lead to general dysfunction" and "moderate disability, organ and tissue damage lead to serious dysfunction" are identified with reference to the Classification Standard of Medical Accidents (Trial) of the Ministry of Health.