(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.
The crime of illegal medical practice refers to the serious behavior of people who engage in medical activities without obtaining the qualification of doctors. 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.
The crime of illegal medical practice refers to the serious act of illegal medical practice by people who have not obtained the qualification of doctors. The object of crime is the national medical management system and the personal rights of patients. Medical practice is an activity that takes the implementation of medical behavior as a profession and belongs to a typical professional criminal in the category of collective crime in criminal law. Occupational crime refers to crimes committed repeatedly as a profession or business. Professional crime requires the perpetrator to commit criminal acts subjectively for many times. Secondly, criminal behavior should be repeated as a business and occupation. As long as it is repetitive and continuous in nature, or as long as the perpetrator carries out criminal activities in the sense of repetitive and continuous implementation, it is possible to be identified as a professional criminal when committing a criminal act for the first time. Thirdly, the perpetrator is not required to take criminal behavior as his only occupation, and the perpetrator takes criminal behavior as a sideline or part-time job while owning other occupations, which does not affect the establishment of professional criminals. Finally, it is not required to be uninterrupted, as long as the behavior has the nature of repeated implementation, even if it is intermittent, it will not affect the identification of professional offenders.
legal ground
Article 336 of the Criminal Law of People's Republic of China (PRC) * * * If the circumstances are serious and he has not obtained the qualification for illegal medical practice, 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.