How to punish illegal medical practice during the epidemic?
Illegal medical practice is a medical illegal act that violates the permission of medical laws and regulations. Persons who have not obtained the qualification of medical practitioners illegally practice medicine and engage in relevant medical activities in novel coronavirus, which is suspected of constituting the crime of illegal medical practice. 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. 2. Patients with sudden infectious diseases, pathogen carriers or suspected patients with sudden infectious diseases who delay diagnosis and treatment or cause cross-infection and other serious circumstances shall be severely punished according to the crime of illegal medical practice. Lawyers reminded that if there are cold symptoms such as fever and cough during the epidemic prevention and control period, even if you have never been out, you should not take it lightly. Never ask others to "help" you see a doctor at will. You can call your community, street or village first and go to a regular hospital for treatment. Article 336 of the Criminal Law of People's Republic of China (PRC): If a person who has not obtained the qualification of a medical practitioner illegally practices medicine, 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. Article 12 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Obstruct the Prevention and Control of Infectious Diseases 69 Whoever 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 severely punished according to law. Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Medical Practice shall be deemed as "the circumstances are serious" as stipulated in the first paragraph of Article 336 of the Criminal Law: (1) causing mild disability or organ or tissue damage to patients, resulting in general 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 again after being punished twice by the health administrative department; (five) other serious circumstances.