According to the first paragraph of Article 336 of the Criminal Law, a person who has not obtained the qualification for practicing medicine 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.
Serious circumstances refer to:
(1) causes patients with mild disability, and organ and tissue damage leads to systemic dysfunction.
(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 after being punished twice by the administrative department of health;
(five) other serious circumstances.
Those who seriously damage the health of patients and lead to the death of patients belong to the situation where severe legal punishment is applicable.
Article 39 of the Law on Medical Practitioners: those who set up medical institutions without approval or practice medicine by non-doctors shall be banned by the health administrative department of the people's government at or above the county level, and their illegal income, medicines and equipment shall be confiscated and a fine of not more than 100,000 yuan shall be imposed; Revoke the doctor's practice certificate; If it causes damage to the patient, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 12 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Preventing and Controlling Infectious Diseases. Anyone who illegally practices medicine without obtaining the qualification of a doctor and has serious circumstances such as delaying the diagnosis and treatment of patients with sudden infectious diseases, pathogen carriers, suspected patients with sudden infectious diseases or causing cross-infection shall be convicted of illegal medical practice in accordance with the provisions of the first paragraph of Article 336 of the Criminal Law and given a heavier punishment according to law.
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