Friday, June 8, 2012

The chief physician takes the commission of 250 000 yuan and obtains punishment for five and a half years

The chief physician takes the commission of 250,000 yuan and obtains punishment for five and a half years
The reporter Xia Fa examined reporter Li �V and wore a pair of black side glasses in summer, when polite doctor Qiu accepted those commission of more than 200,000 yuan originally, estimate that does not expect that can become unexpectedly oneself by any chance " Zhejiang first " ,But this number one is very inglorious. Yesterday afternoon, have served as the Zhejiang Province head of the department of medical science of recovery therapy of the People's Hospital (chief physician) Qiu because national without being made non- for staff member bribery crime in Ji side,until there sentence is people's courts urban under Hangzhou, and Qiu Ji side becomes the first of Zhejiang Province with this doctor whose charge is determined a crime. Accepted 250,000 yuan in 3 " The reward " Live in the intersection of Hangzhou and the intersection of morning sunlight and four Qiu Ji the intersection of side and this year 44 year old of district, whom master graduate he medical science of recovery therapy of Zhejiang Province the People's Hospital head of the department (chief physician) originally . In order to recommend one to name Sichuan majestic ' Hydrochloric acid law injection) easily New for medicines,find by side Qiu twice at 2005 and 2007 medicine on behalf of Wang, hope he helps to file the application report of this medicine, and enclosed the reward of 2000 yuan, Qiu Ji side has accepted. After the applications of this medicines get approval of province the People's Hospital, Qiu Ji side utilizes the chance that oneself prescribes, prescribe some this more medicines to the patient coming to make a diagnosis. Wang can't either naturally" Treat unfairly " Qiu doctor,by April this year in December since 2007,accept doctor Qiu by medicines sale commission fee of 35154 yuan altogether. The money helps majestic medicine of Sichuan to handle affairs on behalf of Wang except charging, Qiu JiFang has not missed " looked after " either Chance of other medical representatives. According to making the accusation of the urban procuratorate, he still takes medicine on behalf of a yellow some, triumphant Lip river that Lu sent off is happy (carnosine of glucoside of brain) , Praudi ( One gram of rutin brain proteolysis thing of song) , Nation up to ' He the intersection of thiazole and the intersection of Batan and the intersection of sodium and the intersection of \ and piperazine draw west the intersection of forest and sodium) Wait for the selling commission of medicines, it is 213824 yuan altogether. The time in 3, doctor Qiu is very " diligent " Submit by report with people by being help and if you can't prescribe, drag for for 250,000 yuans " The reward " . On June 11 this year, because Qiu Ji side is suspected of being involved in committing the crime of accepting bribes and is detained for criminal act, is arrested in the name of the law 14 days later. On September 22, Hangzhou plays the urban people's procuratorate in order to commit the crime of accepting bribes and prosecutes to Qiu Ji side. Accord with non- national the intersection of staff member and the intersection of bribery crime and court after trying, think until " two high " Until November 20 issue, " bribe the intersection of criminal case and the intersection of applicable law and several opinion of issue about handle commerce " ' Hereafter referred to as " opinion ") ,Prosecute the organ and accuse Qiu Ji side of committing the crime of accepting bribes the charge being untenable. The court thinks, defendant Qiu Ji side is regarded as the medical worker in the medical organization, it is convenient to utilize the post of prescribing, take marketer's property of medicines illegally in the name of commission, seek the interests for the medical products marketer, number is enormous, its behavior has formed non- national staff member's bribery crime, should punish. In addition, because the plot is slight not very harmful, though accord with the composition important document of the bribery crime, but the court has not taken defendant Qiu JiFang medicine to let it refer to majestic new medicine of Sichuan to apply for 2000 yuan of reward of the report to regard as the crime on behalf of Wang. Finally, the court thinks seeing that defendant Qiu JiFang's pleading guilty, attitude of showing repentance is better, its relative has already clear all illicit money returned, can punish it on the lenient side according to the circumstances, then sentence defendant Qiu JiFang to 5 years' imprisonment for 6 months with the non- national staff member's bribery crime according to relevant laws, and confiscate 250978 yuan of its unlawful gains. The judge who tries this case tells reporters, before " opinion " is issued to help and handle problem widely and tightly, the ordinary doctor prescribes and regains deducting to seldom deal with. Whom bribery crime sentence hospital have people to manage post in the past, exploited one's office and took bribes, such as president, head of the department of medicine. And in the future, if there will be medical worker in medical organizations, it is convenient to utilize the post of prescribing, take marketer's property of medical products such as the medicines, medical equipment, medical hygiene material illegally with various names, seek the interests for the medical products marketer, so long as reach the standard with greater number (namely more than 15000 yuan) ,Can be in accordance with article 163 of criminal law, with the punishment of determining a crime of the non- national staff member's bribery crime. However, the legal policy senior public procurator, law doctor Han YaoYuan of research room of the Supreme People's Procuratorate points out when being interviewed by media, as to the commercial bribery that takes place in the buying and selling of medicine field, should investigate and prosecute medicine and produce and manage enterprises and promote even fake and forged medicines with poor quality but high price and commercial bribery crime case of the medical equipment to the medical organization through bribing especially, and the crime of accepting bribes of responsible person of medical organization, administrative staff. But he emphasizes at the same time, the question of commercial crime of bribery to the ordinary doctor, carry out the wide tight criminal policy that helps well even more. Do not quite make the number of deducting a percentage only as to the general doctor, the plot is general, make education a key point, or offer party and administrative disciplinary measure, the criminal liability of generally letting the matter pass; Take commission number relatively largely as to a few, know fake and poor medicines perfectly well but require the hospital to purchase or not cause abominable plots such as the serious consequence,etc. to patient to the ill in order to retract and deduct the administration for retracting and deducting, should investigate criminal liability in accordance with the law.

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