Chapter 213 A new crime has emerged, how can the arrest be punished in court?(1/2)
"Your honor, you must be aware. I am only a doctor, not a lawyer. Without Du Yansen's instigation, I would never have thought of this method."
"This was all Du Yansen's idea!"
"I was totally bewitched by him and that's why I went astray."
Zhang Renjie shouted at the judge that he was unjust and aggrieved.
This scene might be even more fitting if it were paired with falling snow in June.
"You fart!"
Du Yansen suddenly became furious and shouted excitedly: "What words did I tell you to threaten the victim? What words did I tell you to bribe the victim?"
"You completely maliciously misinterpreted my words and committed crimes out of your own subjective malice. What does this have to do with me?"
"I asked you to go find the victim to mediate, and now you're actually putting the blame on me. Don't you think it's ridiculous?"
Du Yansen was really angry to the extreme at this moment, anxious and angry, and his whole body was shaking.
Yue Bin is a lesson learned from the past. A wave of sexy operations successfully made him bear criminal responsibility.
When he first heard the news, Du Yansen was still gloating.
As a result, now, this kind of thing actually happened to me.
If this is not explained clearly, I am afraid that he will follow in the footsteps of Yue Bin!
"Your Honor, please don't believe Zhang Renjie's lies. He bites people like a mad dog just to reduce his sentence and escape legal responsibility!"
"I am a law student, how could I know the law and break it!"
Du Yansen explained loudly.
“What’s wrong with studying and understanding the law?”
"Is it unusual to know the law and break it?"
"Do you think those murderers and robbers don't know that what they are doing is illegal?"
Zhang Renjie glanced at him and said coldly: "There is a saying, gangsters are not to be feared, only the gangsters are educated. What I am talking about is you people who know the law but break it!"
"It was because I was misled and deceived by you that I broke the law. You can never escape responsibility!"
Du Yansen gritted his teeth and said: "Zhang Renjie, if you are unkind, don't blame me for being unjust!"
"What do you want to do?"
Zhang Renjie's face changed slightly, and he had an ominous premonition in his heart.
Du Yansen took a deep breath, seemed to have made up his mind, looked in the direction of the judge and said: "Your Excellency, fellow jurors, I have a new situation that I need to inform the collegial bench!"
"Zhang Renjie's degree certificate is fake. He did not graduate from a medical university at all, but from a pheasant university."
"And he didn't get his medical qualification certificate by himself, he got someone to take the exam for him!"
Mist grass!
Is it so exciting?
Jiang Bai was sitting high on the balcony laughing at the dogs biting the dogs, when he suddenly ate such a big melon, and he immediately became energetic.
I didn’t expect that Zhang Renjie, an old boy with a plain appearance, would be tortured like this!
Needless to say, substituting an examination is definitely suspected of the "crime of substituting an examination" stipulated in Paragraph 4 of Article 284 of the Criminal Law.
The crime of substituting examinations means: substituting others or allowing others to take national examinations prescribed by law on one's behalf, and shall be punished with criminal detention or surveillance, and may also or solely be fined.
This is a typical opposing crime. The criminal law punishes both the examinee and the "shooter" at the same time, and the conviction and statutory sentence are the same.
The physician qualification examination is obviously a "national examination prescribed by law."
As for the falsification of academic qualifications, judging from the incident itself, it is only an illegal act, not a crime. According to the provisions of Article 25 of the Public Security Administration Punishment Law, he should be detained for not less than ten days but not more than fifteen days, and may be punished concurrently.
A fine of not more than 1,000 yuan;
If the circumstances are relatively minor, the offender shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan.
But this is not as simple as it seems.
Digging deeper, there are at least three possible criminal offenses involved in this behavior!
First, the crime of illegal medical practice!
Article 336 of the Criminal Law stipulates that the crime of illegal medical practice refers to the illegal practice of medicine by persons who have not obtained medical qualifications. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined;
Anyone who seriously damages the patient's health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;
Anyone who causes the death of a patient shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined.
Second, the crime of buying and selling documents!
Article 280 of the Criminal Law stipulates that the crime of forging, altering, buying and selling official documents, certificates, and seals of state organs refers to the crime of forging, altering, buying, selling, or stealing, robbing, or destroying official documents, certificates, and seals of state organs, and shall be punished with three
Fixed-term imprisonment of not more than 10 years, criminal detention, surveillance or deprivation of political rights, and a fine;
If the circumstances are serious, 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.
Third, it may also be suspected of fraud!
The object of this fraud crime is the hospital's property.
After all, Zhang Renjie was able to work in Aikang Hospital based on fictitious facts, and his professional title and salary increased year by year.
Aikang Hospital is suspected to be the biggest victim.
Instead of taking an exam, this seemingly ordinary illegal act may actually have these three criminal charges hidden behind it.
Of course, whether these crimes will ultimately be found guilty depends on subsequent investigation and evidence collection.
But what is certain is that Zhang Renjie’s sentence will probably be five years, plus a few more years.
…
"You! You spit on others! You fart on horseback!"
Zhang Renjie was suddenly excited, his chest heaved violently, and he was breathing heavily.
Staring at Du Yansen, I wanted to rush up and tear his mouth open.
Fake academic qualifications and taking exams for others are undoubtedly the two biggest stains on Zhang Renjie.
It was with the help of his fake academic qualifications, the medical qualification certificate he obtained through a substitute examination, and the help of his brother-in-law that he successfully entered Aikang Hospital and gradually obtained the title of chief physician.
It is precisely because he obtained these things through fraud and his medical skills are not up to par, so medical accidents often occur.
Apart from Zhang Renjie himself, there are only a few people who know about this secret, and they can be counted on one hand.
But unfortunately, these "few people" include Du Yansen!
After all, he is a lawyer and needs to know some inside information when helping Zhang Renjie deal with certain issues.
Logically speaking, lawyers have the responsibility and obligation to help their clients keep confidentiality.
But now, in this situation, the two people have completely fallen out. Naturally, Du Yansen no longer needs to worry about professional ethics and directly reveals all the details about Zhang Renjie.
"There are still cases of falsification of academic qualifications and substitute examinations?"
Chen Zhonghan suddenly frowned.
After whispering to the jurors on the left and right.
"Dong——"
Chen Zhonghan banged the gavel, interrupting the quarrel between Zhang Renjie and Du Yansen.
Shen Sheng said: "In view of the new circumstances in this case, it will be returned to the Procuratorate for additional investigation and then trial."
"Now, adjourn the court!"
"Boom!"
As the gavel fell, the trial came to an end.
Chen Zhonghan led the collegial panel members to retreat.
As for the defendant and the defender, they were led away by the bailiffs while swearing.
This scene not only made everyone in the auditorium look at each other, but also surprised the prosecutor and the incidental civil plaintiff.
This is too dramatic.
You wouldn’t dare write a novel like this, would you?
"Mr. Jiang, what's going on now?"
"Yes, why can't I understand the direction of this plot? Is this case ended without a beginning or end?"
Qin Yi and Qian Liang quickly asked Jiang Bai.
They had never participated in a court hearing before, were not familiar with judicial procedures, and were not familiar with Zhang Renjie's current situation.
Jiang Bai shook his head with a smile and gave a rough explanation to the two of them.
"I'll go! Does that mean that Zhang Renjie has added the crimes of substitute examination, illegal practice of medicine, buying and selling of certificates and fraud on top of the crimes of medical malpractice and obstructing testimony?"
To be continued...