A 57 year old doctor recovered 120000 yuan and was exempted from criminal punishment

It’s normal for doctors to prescribe medicine. However, he took advantage of his position of prescribing, and received

from Su Mou, a sales salesman of pharmaceutical enterprises. This drug salesman Su confessed to the case handling organ that in the process of distributing drugs to Shangshui County People’s Hospital, Dr. Wang prescribed this kind of cardiovascular and cerebrovascular capsules more often in the outpatient department, and he sent kickbacks to Dr. Wang in the form of cash many times.

the data sheet of cardiovascular and cerebrovascular capsules issued by Dr. Wang of Shangshui County People’s Hospital from 2016 to 2019, as well as the drug data sheet of pharmaceutical companies, also confirmed that Dr. Wang issued a total of 35962 boxes of such capsules in three years.

after being detained, Dr. Wang suddenly understood that money is precious, and the price of freedom is higher. Therefore, on November 7, 2019, he returned the stolen goods of 120000 yuan to Shangshui County Supervision Committee. That is to say, in the past three years, he was as careful as an ant when he moved. He put more than three yuan a box of kickback drugs into his pocket for more than 120000 yuan. He cleared it overnight and restored the factory settings. This reminds me of the hungry and emaciated fox in the fairy tale. After sneaking into the orchard and having enough to eat, he could not get out again. He was in prison and had to go hungry again to get out of the cage.

the court held that since 2016, Dr. Wang received a pharmaceutical Commission of RMB 125000 from Su, a salesman of a pharmaceutical enterprise, during his tenure as the attending physician of Shangshui County People’s hospital. In addition, it was found that on November 7, 2019, the defendant Dr. Wang had returned the stolen goods of RMB 120000 to the Shangshui County Supervision Committee. The public prosecution organ held that the defendant, Dr. Wang, took advantage of his position to illegally accept other people’s money and property in a large amount. His act has violated the provisions of the first paragraph of Article 163. The facts of the crime are clear, and the evidence is accurate and sufficient. Therefore, he should be investigated for his criminal responsibility as a non state functionary’s bribery crime. And submitted relevant evidence.

the court held that the defendant, as a medical staff in a medical institution, illegally accepted money and property from the drug seller in the name of drug rebate in the name of drug rebate, with a large amount of money. His behavior has constituted the bribery crime of illegal state functionaries, and the public prosecution organ charged him with the crime of bribery of non-state staff.

However, the defendant, Dr. Wang, voluntarily pleaded guilty to punishment and voluntarily turned in all his illegal income. He could be given a lenient punishment according to law. His request and defense opinions for a lighter punishment for himself and his defenders were adopted by the law.

according to the facts, nature and circumstances of the crime of the defendant Dr. Wang, as well as the degree of harm to the society, the court held that the defendant Dr. Wang committed a minor crime and did not need to be sentenced to punishment. The Court adopted the sentencing suggestion that the public prosecution organ should be exempted from criminal punishment. In accordance with the provisions of Article 163, paragraph 1, Article 67, paragraph 3, Article 37, Article 64, Article 15, Article 201, Article 1 and Article 11, Dr. Wang was judged as follows:

one is to take advantage of his duty as a state functionary, and the other is to use the convenience of prescribing prescriptions to collect kickbacks The latter constitutes the crime of accepting bribes, while the latter constitutes the crime of accepting bribes by non state functionaries.

for example, if a doctor has relevant responsibilities in the purchase of drugs and devices, and he / she applies for the purchase of drugs and devices in the hospital and forms authoritative suggestions, and collects kickbacks, he / she shall be deemed as bribery crime; if the doctor only advises the patient to take drugs and devices according to the diagnosis of the patient and collects the kickback, he / she shall be deemed as the bribery crime of non-state organ staff; for example, if the doctor is only responsible for the diagnosis of the patient, he / she shall be deemed as the bribery crime of non-state organ staff If the hospital has signed a contract with the pharmaceutical manufacturer, the doctor only submits the application form for the use of drugs and medical devices in accordance with the internal management system. Even if he receives kickbacks from the application form, he uses the prescription right, which should be determined as the bribery crime of non-state staff. Obviously, this Doctor Wang of Shangshui county belongs to the latter.

this difference is very important because in the judicial interpretation of the criminal law, the standard of the amount involved in the two crimes is different. The “large amount” of bribery crime of state functionaries is more than 30000 but less than 200000, while that of non state functionaries is more than 60000 but less than 400000. That is to say, the constituent standard of bribery crime of state functionaries is lower than that of non-state functionaries. As long as the amount of bribery reaches 30000, it is a crime, which reflects the principle of adapting crime and punishment in criminal law.

doctors naturally have the desire of power rent-seeking when their income is low. For doctors, the most direct power is the drugs and medical devices used in medical behavior.

However, everyone knows that the drug rebate problem is not just as simple as it seems to doctors and medical representatives. In fact, doctors get kickbacks only a small part of the whole drug sales rebate chain. A drug from a pharmaceutical factory to the hands of patients, involving a long chain: pharmaceutical manufacturers, pharmaceutical dealers, pharmaceutical representatives, Price Bureau, Health Commission, drug administration, bidding office, pharmaceutical Commission, hospital sales, patients.

although front-line doctors are indispensable in this chain and also the terminal directly facing patients, they are just in the most downstream. Once the source of upstream pollution, downstream doctors will be difficult to clean up. If doctors want to refuse kickbacks, they can only leave the system. This is a kind of adverse selection. Therefore, in this case, it is of little value to make a guilty judgment on doctors, and it is not significant to evaluate doctors’ morality. Perhaps, it is based on this reality that the court exempted Dr. Wang from criminal punishment after returning 120000 stolen goods.

although doctors can be exempted from criminal punishment after returning stolen goods, every time such a similar incident occurs, it is a fatal blow to all doctors.

Medical Commission, such as drinking poison to quench thirst, can solve the life problems of medical workers in a short time, but it has fatal side effects in the long run. Because of the existence of kickbacks, the relationship between doctors and patients has become suspicious. Doctors see patients to see how many medicines they can prescribe; while patients see doctors, they doubt how much of the drugs they prescribe have commission.

Chinese doctors are really hard-working and have lofty ideals. From this new epidemic, people have recognized that the most beautiful and retrograde disease is at a critical moment in the face of national crisis. But the sunshine income of Chinese doctors is still very low, the labor intensity is very high, the risk responsibility is very high, it is really not easy. Focus