How much is the penalty for death caused by practicing medicine without a license, and how to punish

1. The perpetrator is suspected of the crime of illegal medical practice in accordance with the provisions of the Criminal Law. In terms of sentencing, it is provided that if the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; and where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.

2. You may file a lawsuit for civil compensation attached to the criminal case. Compensation shall be made in accordance with the relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases". The specific compensation items and calculation basis are as follows:

1. Medical expenses (determined according to the receipt vouchers for medical expenses, hospitalization fees and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.) ）

2. Lost work expenses (the lost time is determined according to the certificate issued by the medical institution that the victim accepts.) Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

If the victim has no regular income, it is calculated on the basis of his average income in the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, it may be calculated by referring to the average salary of employees in the same or similar industry in the location of the court where the lawsuit is filed

3. Nursing expenses (determined according to the income status of nursing staff, the number of nursing staff, and the nursing period.) Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

4. Transportation expenses (transportation expenses are calculated according to the actual expenses incurred by the victim and his necessary escorts for medical treatment or hospital transfer**.) Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment. ）

5. Hospitalization meal subsidy (Hospitalization meal subsidy can be determined with reference to the business trip meal subsidy standard of general staff of local state organs.) Currently $12 per day).

6. Nutrition expenses (to be determined based on the victim's disability with reference to the opinions of medical institutions.) ）

7. Disability compensation (disability compensation is calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed).

8. Compensation for moral damages (because the damage is caused by an individual, the standard for general moral damages in the past is 1,000 yuan to 3,000 yuan; For serious mental damage, the compensation standard is 3,000 yuan - 5,000 yuan, and the damage caused by the unit can be 3-5 times the above).

The specific amount of compensation can be calculated according to the above basis and parameters combined with the actual situation.

You have to report to the police, and you can file an attached civil lawsuit to protect your rights and interests in accordance with the law while pursuing the criminal responsibility of the other party.

The death penalty for the doctor was the death penalty for the rich man. It's okay to heal and die without money. Lose some money at most. The doctor died in the background, and he went to prison and lost money. and fines.

Summary. Hello, legal analysis: how to punish practicing medicine without a license without causing death:

Those who open medical institutions to practice medicine or practice medicine without approval shall be banned by the people's health administrative department at or above the county level, confiscate their illegal gains and their drugs and equipment, and impose a fine of less than 100,000 yuan. where the crime of illegal practice of medicine is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine. Practicing medicine without a license, where the circumstances are serious, constitutes the crime of illegally practicing medicine.

The circumstances are serious, generally referring to the illegal practice of medicine and repeated teachings; defrauding a large amount of money; harming the patient's health, etc. where this crime is committed, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine; and where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given. and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

Hello, legal analysis: how to punish practicing medicine without a license without causing death: If a medical institution is opened without approval to practice medicine or practice medicine by a non-physician, the people's health administrative department at or above the county level shall ban it, confiscate its illegal income and its drugs and equipment, and impose a fine of less than 100,000 yuan.

where the crime of illegal practice of medicine is constituted, a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given, and/or a fine. Practicing medicine without a license, where the circumstances are serious, constitutes the crime of illegally practicing medicine. The circumstances are serious, generally referring to the illegal practice of medicine and repeated teachings; defrauding a large amount of money; harming the patient's health, etc.

where this crime is committed, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine; and where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given. and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

Legal basis: Article 336 of the Criminal Law Where a person who has not obtained a doctor's license illegally practices medicine, and the circumstances are serious, is to be sentenced to three years imprisonment, short-term detention or controlled release, and/or a fine; where the physical health of the person who is being consulted seriously is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

Legal analysis: Whoever commits this crime is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine, and where the patient's physical health is seriously harmed, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and a concurrent fine; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Practice of Medicine".

Article 1: In any of the following circumstances, it shall be found to be "persons who have not obtained doctor's qualifications to practice medicine illegally" as provided for in the first paragraph of Criminal Law article 336:

1) Engaging in medical activities without obtaining or obtaining medical qualifications by false or illegal means;

2) Engaging in medical activities during the period when a physician's practice certificate has been revoked in accordance with law;

3) Engaging in rural medical activities without obtaining a rural doctor's practice certificate;

4) The home birth attendant carries out medical acts other than home birth delivery.

Article 2: In any of the following circumstances, it shall be found to be 'serious circumstances' as provided for in the first paragraph of Criminal Law article 336:

1) Causing the patient to suffer from mild disability or organ or tissue damage resulting in general dysfunction;

2) Causing the spread or epidemic of Class A infectious diseases, or there is a risk of transmission or epidemic;

3) The use of counterfeit or inferior drugs or sanitary materials or medical devices that do not meet the standards prescribed by the State, which is sufficient to seriously endanger human health;

4) Illegally practicing medicine again after being punished twice by the administrative department of health;

5) Other situations where the circumstances are serious.

Article 3: In any of the following circumstances, it shall be found to be "seriously harming the patient's physical health" as provided for in the first paragraph of Criminal Law article 336:

1) Causing severe functional impairment due to moderate or higher disability or organ and tissue damage;

2) Causing three or more patients to suffer from mild disability or organ or tissue damage resulting in general dysfunction. Wanton consolidation.

Summary. Dear, I'm glad to answer for you; : Whoever commits this crime is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine, and where the patient's physical health is seriously harmed, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a concurrent fine; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

Dear, I'm glad to answer for you; : Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine of lead or several, and where the patient's physical health is seriously harmed, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; and where the death of a person who is physically disturbed is caused, a sentence of not less than 10 years imprisonment and a concurrent fine shall be given.

Legal basis: Article 1 of the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Practice of Medicine" In any of the following circumstances, it shall be found to be "persons who have not obtained doctor's qualifications to practice medicine illegally" as provided for in the first paragraph of Criminal Law article 336:(1) Engaging in medical activities without obtaining or illegally obtaining physician qualifications; 2) Engaging in medical activities during the period when a physician's practice certificate has been revoked in accordance with law; 3) Engaging in rural medical activities without obtaining a rural doctor's practice certificate; 4) The home birth attendant carries out medical acts other than home birth delivery.

Article 2: In any of the following circumstances, it shall be found to be "serious circumstances" as provided for in the first paragraph of Criminal Law article 336:(1) Causing the patient to have a slight disability or organ or tissue damage resulting in general dysfunction; 2) Causing the spread or epidemic of Class A infectious diseases, or there is a risk of transmission or epidemic; 3) The use of counterfeit or inferior drugs or sanitary materials or medical devices that do not meet the standards prescribed by the State, which is sufficient to seriously endanger human health; (4) Illegally selling skins to practice medicine again after being administratively punished twice by the administrative department of health for illegally practicing medicine; 5) Other situations where the circumstances are serious. Article 3: In any of the following circumstances, it shall be found to be "seriously harming the patient's physical health" as provided for in the first paragraph of Criminal Law article 336:

1) Causing severe functional impairment due to moderate or higher disability or organ or tissue damage to the adult who is seeking medical treatment; (2) Causing minor disability or organ or tissue damage to patients with a difference of three or more middle fingers, resulting in general dysfunction.

Summary. Legal basis: Article 55 of the Regulations on the Handling of Medical Accidents If a medical accident occurs in a medical institution, the administrative department of health shall give a warning according to the level and circumstances of the medical accident; where the circumstances are serious, order a temporary suspension of business for rectification until the original licensing department revokes the practice license, and the responsible medical personnel are to be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of medical malpractice; where it is not sufficient for criminal punishment, an administrative sanction or disciplinary sanction shall be given in accordance with law.

In addition to the punishment in accordance with the preceding paragraph, the administrative department of health may also order the relevant medical personnel who have suffered a medical accident to suspend their practice activities for not less than 6 months but not more than 1 year; where the circumstances are serious, their practice certificates are revoked.

Hello, legal analysis: Please ask Shiwei how to punish Yamaga for causing death by practicing medicine without a license: you need to bear civil liability for compensation, but also bear administrative responsibility, and if the medical staff constitutes a crime, you must bear criminal responsibility in accordance with the law.

According to the laws of our country, a person who has not obtained a doctor's license to practice medicine illegally and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine.

Article 55 of the Regulations on the Handling of Medical Accidents provides that if a medical accident occurs in a medical institution, the health administrative department shall give a warning according to the level and circumstances of the medical accident; if the circumstances are serious, order the suspension of business for rectification within a set period of time until the original licensing department revokes the practice license, and the responsible medical personnel shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of medical promotion and treatment of accidents; where it is not sufficient for criminal punishment, an administrative sanction or disciplinary sanction shall be given in accordance with law. In addition to the punishment in accordance with the preceding paragraph, the administrative department of health may also order the suspension of practice activities for not less than 6 months but not more than 1 year for the relevant medical personnel in the event of a medical accident; where the circumstances are serious, their practice certificates are revoked.

Heal people to death.

The penalty is about how much.

A fine of RMB 10,000 will be imposed.

Isn't this circumstance serious, if a person dies and does not have a medical qualification certificate, if the case is decided, how should it be decided?

It must be serious. This is something that requires jail time.

A few years in prison, plus about how much fine.

A sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine.

And it's not just a fine. Dear

You're going to have to pay for it, too

It's what the worst outcome will be when it comes together.

This is the case with a penalty of up to three years' imprisonment.

Imprisonment of less than three years plus 10,000 hairs?

And for the patient, you also need to compensate.

It's not as simple as you think. The responsibility is very great.

You need a lot of compensation just for the patient

Legal Analysis: Where the death of a patient is caused by the illegal practice of medicine, the practitioner may be criminally punished as the crime of illegal practice of medicine. Where a person who has not obtained a doctor's license illegally practices medicine, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; and where the patient's physical health is seriously harmed, a sentence of between three and ten years imprisonment and a concurrent fine is to be given. and where the death of the patient is caused, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be punished with the penalty of seeping lujin.

Legal basis: Article 336 of the Criminal Law of the People's Republic of China: Where a person who has not obtained a doctor's license illegally practices medicine, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the patient's physical health is seriously harmed, 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; and where the death of the patient is caused, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.