On The Crime Of Illegal Medical Practice

The Crime of Illegal Medical Practice was an newly added charge in the amendment of our Criminal Code. Article 336 regulates: Whoever illegally engages in medical practice without obtaining the qualification for medical practice, and when the circumstances are serious, shall be sentenced to not more than three years of fixed-term imprisonment, criminal detention, or control, and may in addition or exclusively be sentenced to a fine. Whoever causes serious harm to the health of patients shall be sentenced to not less than three years and not more than 10 years of fixed-term imprisonment, and a fine. Whoever causes the death of patients shall be sentenced to not less than 10 years of fixed-term imprisonment and a fine.The objective offended by the Crime of Illegal Medical Practice include the order for the state control on the qualification of medical practicing, as well as public health. The charged behaviors mean those activities with an intent to be a professional custom or professional trend by the subjective. The so-called Medical Practicing Quality should be explained materially. The basic construction of the charge is intention, but negligence is the basic to reach an aggravated result.The quantitative factors of the charge include basic quantitative factor and aggravating quantitative factor. To compose the basic quantitative factor, the"serious circumstance"shall be a concept of comprehensive concern.There are problems on marginal differences among the charges of Illegal Medical Practice, Medical Accident, Unauthorized Birth Control Reversal Surgery, Willful Murder (Injury), and Negligent Homicide (Serious Injury).The establishment of the crime shall not be influenced by the acceptance or promise of the victim, but, whether there might be the possibilities of the expectation will impose somehow on the establishment of the crime.