On December 19, the Supreme People's Court announced the latest revised "Judicial Interpretation of Illegal Medical Practice Crimes". The most notable change was the deletion of the 2008 edition of the Supreme People's Court on the specific application of the law on the trial of illegal medical practice criminal cases. In Article 1 of the Interpretation, “the individual has not obtained the “ Medical Institution License†to open a medical institution†is an illegal medical practice.
In the past, once a doctor was found to have rented a house or treated a patient at home without obtaining a Medical Device Permit, based on the previous Article 2, item 2 of the Illegal Medical Practice, "the individual has not obtained the medical institution." The license to start a medical institution can be considered illegal, and will eventually be sentenced to illegal medical practice by the court. The latest "Judicial Interpretation of Illegal Medical Practice" has abolished this article. According to the principle that the law does not stipulate the law, this may mean that in the future, doctors with legal qualifications will not obtain the "medical institution license". In the case of opening a studio at home, or renting a clinic to practice medicine, it is no longer possible to pursue criminal liability for illegal medical practice. At the same time, the revision of the judicial interpretation may also promote more reasonable and legal, fair and free practice of doctors. Serve patients in a variety of ways.
Related links: Supreme Court: Individuals who open medical institutions without permission are no longer held suspected of illegal medical practice (click to view)
Decision of the Supreme People's Court on Amending the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Medical Practice
(Adopted at the 1703th meeting of the Judicial Committee of the Supreme People's Court on December 12, 2016, effective as of December 20, 2016)
In order to punish illegal medical practice crimes according to law and protect the health and safety of citizens, according to the relevant provisions of the Criminal Law, combined with the practice of trials, it is now decided to explain the "Several People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Medical Practices" (Law 2008] No. 5, hereinafter referred to as "Explanation", as follows:
1. Delete the second item of Article 1 of the Interpretation.
2. Add one after the third article of the Interpretation as the fourth article of the revised Interpretation: "Illegal medical practice is the direct and main cause of the death of the patient, and shall be deemed to be Article 336 of the Criminal Law. The first paragraph stipulates 'caused the death of the visitor.'"
"Illegal medical practice is not the direct cause of the death of the patient. It may not be considered as 'causing the death of the visitor' as stipulated in the first paragraph of Article 336 of the Criminal Law. However, according to the circumstances of the case, it can be regarded as the Criminal Law. The "severe circumstances" specified in the first paragraph of Article 336."
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