(a) serious refers 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.
(3) Main elements
(1) Not qualified as a doctor or engaged in medical activities by illegal means;
(2) the individual has not obtained the "Practice License for Medical Institutions" 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(three) engaged in medical activities during the period when the doctor's practice certificate was revoked according to law;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;
(5) Family midwives perform medical behaviors other than home delivery.
(4) Subjective factors
Subjectively, this crime is intentional. In the result of causing casualties of patients, the actor committed indirect intention rather than professional negligence. Because, as far as cognitive factors are concerned, the actor realizes that he lacks medical skills and the ability to control the development of the disease, and that if he does not get effective and timely treatment, the patient will be disabled until he dies, so it is not a fault; In terms of will, the patient's disability and death are ignored and allowed to indulge.
Second, identify
(A) the boundaries between this crime and the crime of medical malpractice
Both of them may objectively cause the death of patients or seriously damage their health. Their main differences are as follows:
(1) The topic is different. The subject of this crime is people who are not qualified to practice medicine, and the subject of the latter crime is medical personnel.
(2) Subjective differences. This crime is a person's psychological attitude towards the consequences of death or serious damage to the health of patients, which can be negligence or indirect intention, while the psychological attitude of the former crime towards serious adverse consequences can only be negligence.
(3) The objective aspects are different. The causes of death or serious health consequences of patients in this crime can be manifested as liability negligence or technical negligence. The latter crime is limited to liability negligence, and technical negligence does not constitute a crime.
(two) illegal medical practice causes death or serious damage to the health of patients, and the difference between intentional homicide and intentional injury causes casualties is:
(1) The subject of this crime is a special subject, which is limited to those who have not obtained the qualification of medical practitioners, while the subjects of the latter two crimes are general subjects.
(2) Subjective differences. The psychological attitude of this crime to serious adverse consequences is negligence and indirect intention, while the subjective aspects of the latter two crimes are direct intention or indirect intention, excluding negligence.
(3) Different occasions. This crime occurs in the process of engaging in medical activities without authorization, and the occasions where the latter two crimes occur are not limited to this.
(4) The objects are different. The object of this crime is the state's management system of medical and health work and public health, and the latter two crimes only infringe on the right of life and health of specific citizens, not the state's management system of medical and health work.
(3) Illegally practicing medicine causes death or seriously damages the health of patients, and the boundary between the crime of negligent death and the crime of negligent serious injury has caused casualties. The difference is:
(1) The topic is different. The subject of this crime is a special subject, that is, a person who has not obtained the qualification of practicing medicine, while the subjects of the latter two crimes are general subjects.
(2) Subjective differences. The psychological attitude of this crime towards serious adverse consequences is negligence and indirect intention, while the subjective aspects of the latter two crimes are negligence, excluding indirect intention.
(3) Different occasions.
(4) The objects are different.