How many years is punishable for illegal birth delivery 70

In accordance with the relevant provisions of the Criminal Law, the Supreme People's Court promulgated the "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", which further clarifies the criteria for determining the criminal conduct of illegal practice of medicine, and makes detailed provisions on the circumstances that cause "serious circumstances" and "serious harm to the health of patients". The judicial interpretation came into force on May 9.

The judicial interpretation stipulates that the conditions for constituting "a person who has not obtained a doctor's license to practice medicine illegally practice medicine" are: engaging in medical activities without obtaining or illegally obtaining a doctor's license; Individuals who have not obtained the "Medical Institution Practice License" to open a medical institution; engaging in medical activities during the period when a physician's practice certificate has been revoked in accordance with law; Engaging in rural medical activities without obtaining a rural doctor's practice certificate; A home birth attendant performs a medical act other than a home birth attendant.

The judicial interpretation stipulates that any of the following circumstances shall be deemed to be "serious": causing the patient to suffer from mild disability or organ and tissue damage resulting in general dysfunction; causing the spread or epidemic of Class A infectious diseases, or there is a risk of transmission or epidemic; The use of counterfeit drugs, inferior drugs, or sanitary materials or medical devices that do not meet the standards prescribed by the state, is sufficient to seriously endanger human health; Illegally practicing medicine again after being punished twice by the administrative department of health; Other situations where the circumstances are serious. Any of the following circumstances shall be deemed to be "seriously harming the patient's physical health":

Causing severe functional impairment due to moderate or higher disability or organ and tissue damage; Causing 3 or more patients to suffer from mild disability or organ and tissue damage resulting in general dysfunction.

The judicial interpretation also stipulates that if the crime of illegal practice of medicine is committed and at the same time constitutes the crime of producing or selling counterfeit drugs, the crime of producing or selling shoddy drugs, the crime of fraud and other crimes, it shall be convicted and punished in accordance with the provisions of the Criminal Law with heavier punishments.

Depending on your sister's situation, if someone is about to give birth to your sister to help, it is not an illegal delivery.

What you said is too detailed, does your sister have a license to practice? There is a difference between having and not being. But the criminal liability involved in this is nothing more than these:

Illegal practice of medicine, medical malpractice. Negligence causing death. Specifically, the difference between the crime of illegal medical practice and the latter two is for reference:

1) The boundary between this crime and the crime of medical malpractice.

Both of them may objectively cause the death of the patient or seriously damage the patient's physical health, and the main differences between them are:

1) The main body is different. The subject of this crime is a person who is not qualified to practice medicine, while the subject of the latter crime is a medical officer.

2) The subjective aspect is different. The mental attitude of the person in this crime towards the consequences of causing the death of the patient or seriously harming the physical health of the patient can be either negligence or indirect intention, while the mental attitude of the former crime towards causing serious adverse consequences can only be negligence.

3) The objective aspect is different. The cause of the death or serious physical health of the patient in this crime can be manifested in either fault or technical negligence, while the latter crime is limited to negligence, and technical negligence does not constitute a crime.

2) The boundary between the crime of intentional homicide or intentional injury to the crime of intentional homicide or intentional injury caused by the illegal practice of medicine causing death or serious harm to the patient's health.

The actions all have the consequences of the personnel, the difference is:

1) The subject of this crime is a special subject, limited to persons who have not obtained a doctor's license, while the subject of the latter two crimes is a general subject.

2) The subjective aspect is different. The mental attitude of the perpetrator of this offence towards serious adverse consequences is negligence and indirect intent, while the subjective aspect of the latter two offences is direct intent or indirect intent, excluding negligence.

3) The occasion is different. This crime occurs in the course of engaging in medical activities without authorization, and the latter two crimes are not limited to the occasions in which they occur.

4) The subject matter is different. The object of this crime is the state's management system for medical and health work and public health, while the latter two crimes only infringe on the right to life and health of specific citizens, and do not infringe on the state's management system for medical and health work.

3) The boundary between the crime of causing death or seriously harming the health of the patient by illegal practice of medicine and the crime of causing death by negligence or causing serious injury by negligence.

All three sins have caused the consequences of personnel **, the difference is that:

1) The main body is different. The subject of this crime is a special subject, that is, a person who has not obtained a doctor's license, while the subject of the latter two crimes is a general subject.

2) The subjective aspect is different. The mental attitude of the perpetrator towards serious adverse consequences in this offence is negligence and indirect intent, while the subjective aspect of the latter two offences is negligence and does not include indirect intent.

3) The occasion is different.

4) The subject matter is different.

3. Penalties. 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 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.

As for civil penalties, it is difficult to say. Because there is no concrete standard to quantify it yet.

You say that she "started her old business", which means that she has a career and does not have a license, which is an illegal practice of medicine.

It is one of the few most egregious crimes in China's criminal law. Article 232 of the Criminal Law of the People's Republic of China stipulates: Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

The crime of intentional homicide is committed by the perpetrator, and as long as the perpetrator commits the act of intentional homicide, it constitutes the crime of intentional homicide. Since the right to life is the most basic and important right in a citizen's personal right, no matter whether the victim is actually killed or not, and regardless of the stage at which the murder is in the preparation, attempt, or suspension of an intentional crime, it constitutes a crime and should be filed and investigated.

The paternity test is used for the household, and the overbirth fine has nothing to do with this.

1. The essence of the difference between illegal production and illegal production is the difference between illegal and illegal. Legal facts are generally divided into three states, namely: legal, illegal, illegal but not illegal, and the so-called illegal and not illegal is illegal.

But "illegal" is usually also illegal, with a focus on actions that lack legal basis. The main differences between illegal and illegal are:

1. The difference between the corresponding categories: the relative concept of illegal is legal, while the relative concept of illegal is not illegal.

2. The difference in connotation: not violating the law is often seen in the category of private law and criminal law, because "it is not a crime if the law does not expressly prohibit it", "it is not bound if the law does not expressly prohibit it", and non-violation often refers to the fact that the law does not regulate and restrict the behavior, which reflects more the free needs of the law. In a certain sense, the concept of legality is more of an obligation, while the notion of non-illegality is more of a right.

Therefore, illegality can be regarded as a violation of the prohibitions and restrictive provisions of the law, such as crimes and public security administrative cases, while illegality can be understood as an act outside the legal regulation, such as unconstitutionality.

3. The difference between legal consequences: the legal consequences of illegal acts are often governed by the punishment provisions in the Criminal Law, the Public Security Punishment Law or other departmental laws, while the consequences of illegal acts are often declared invalid or revoked.

2. Illegal production and illegal production sometimes refer specifically to whether or not a crime is constituted. For example, if the legal standard is reached, it is suspected of illegal business operation; Those who fail to meet the standards are generally illegal business operations (sometimes they also become illegal operations, and the difference between the two is not obvious), and they are subject to administrative punishment. Personal opinion, for informational purposes only.

Illegal production means that the production unit is not qualified to produce. The illegal production indicates that the production unit has the qualification to produce, but violates the law in the production process.