1. How to measure the sentencing of the crime of illegal medical practice? 1. The sentencing standard for the crime of illegal medical practice is: (1) Whoever commits the crime of illegal medical practice, if the circumstances are serious, 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; (2) Whoever seriously damages the health of the patient shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; (3) Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined. 2. Legal basis: Article 336 of the Criminal Law. 2. The standard for determining the severity of the crime of illegal medical practice 1, which causes mild disability of patients and general dysfunction due to organ and tissue damage; 2. Causing the spread and prevalence of Class A infectious diseases or being in danger of spread and prevalence; 3, the use of counterfeit drugs, inferior drugs or materials that do not meet the national health standards, medical devices, enough to seriously endanger human health; 4. Illegally practicing medicine after being punished twice by the health administrative department; 5. Other serious circumstances. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer online.
Legal objectivity:
In the first paragraph of Article 336 of the Criminal Law, anyone who illegally practices medicine without obtaining the qualification of a doctor, if the circumstances are serious, 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.