1, video or written evidence, which can directly prove the doctor's behavior of collecting kickbacks;
2. Witness testimony, oral or written statements provided by insiders support the existence of kickbacks;
3, the confession and defense of the criminal suspect or defendant, that is, the doctor's own statement about the behavior of collecting kickbacks;
4. Fund account information, including relevant transfer records and bank accounts, can prove the circulation of rebate funds;
5. Related chat records, if there is communication through electronic means, can be used as evidence;
6, the amount of more than 5000 yuan, personal bribery accumulated to more than 5000 yuan should be put on file for investigation. If the amount is less than 5,000 yuan, but there are circumstances such as causing heavy losses or forcibly demanding property, it should also be placed on file.
Professional ethics and norms of doctors;
1. Requirements of doctors' professional ethics: doctors should abide by medical ethics, take patients' health as the primary consideration, and must not accept kickbacks or participate in other unfair economic activities;
2. Medical industry norms: Medical institutions and their medical staff should abide by relevant laws and regulations and prohibit commercial bribery in the procurement and use of drugs and medical devices. ;
3. Supervision of doctors' practice behavior: the medical industry and the health administrative department supervise and manage doctors' practice behavior to ensure the fairness and professionalism of medical services;
4. Provisions on the relationship between doctors and pharmaceutical companies: it is clearly stipulated that doctors should keep an appropriate distance from suppliers of drugs and medical devices to avoid conflicts of interest;
5. Punishment for violation of regulations: Doctors who violate professional ethics and norms will be given administrative punishment or disciplinary action according to laws and regulations, and serious cases may face the cancellation of their professional qualifications.
To sum up, doctors who report kickbacks need to provide various forms of evidence, including video or written evidence, witness testimony, doctor's confession, fund account information and related chat records, etc. The amount involved needs to reach more than 5,000 yuan, or even if it is lower than this amount, there are other serious circumstances before filing a case for investigation.
Legal basis:
Criminal law of the people's Republic of China
Article 385
State functionaries who take advantage of their positions to extort other people's property, or illegally accept other people's property and seek benefits for others, are guilty of accepting bribes. State functionaries who, in violation of state regulations, accept kickbacks and handling fees in various names in economic exchanges and own them personally shall be punished as bribery.
Criminal law of the people's Republic of China
Article 163
Employees of companies, enterprises or other units who take advantage of their positions to extort or illegally accept other people's property and seek benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, if the amount is huge, they shall be sentenced to fixed-term imprisonment of not less than five years and may also be confiscated. Employees of companies, enterprises or other units who take advantage of their positions in economic exchanges and accept kickbacks and service fees in various names in violation of state regulations, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph.
Criminal Procedure Law of the People's Republic of China
Article 50
All the materials that can be used to prove the facts of the case are evidence. Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of inquests, inspections, appraisals, investigations and experiments;
(8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case.