"Criminal behavior?"
Wang Dachui’s eyes widened once more after hearing this. The collusion between Han Dongting and the pharmacy was quite apparent. But even with evidence, it would only constitute a violation of relevant provisions under the "dical Law." Once exposed, he would at most face suspension for investigation, be ordered to refund the money, and so on. It did not amount to criminal behavior.
The production and sale of counterfeit drugs? No, that’s not right. I’ve looked at the dications in their pharmacy, and there are no counterfeits, Wang Dachui furrowed his brow and couldn’t help muttering to himself. During this period, he was transitioning from a civil lawyer to a criminal defense lawyer. As a result, he had studied the "Criminal Law" intensively and was fairly clear about many of its provisions.
dical accident cri? We don’t really have any evidence for this charge either. Han Dongting is just an ordinary doctor in respiratory internal dicine... Wang Dachui continued to eliminate possibilities. The cri of dical accident refers to conduct by dical staff who are seriously irresponsible, leading to the negligent death of a patient or severe harm to their health. Criminal law has special provisions for this. For this charge, since it is a type of negligent mistake, if it is not particularly serious, it does not lead to imprisonnt. Even if it’s especially serious, the sentence would only be up to three years of fixed-term imprisonnt or detention.
Interfering with drug administration cri? That’s not right either. Han Dongting isn’t the manufacturer of these drugs... Wang Dachui swallowed hard. He tried to rely on his own analysis to find the criminal charge Qin Mu had ntioned. This cri mainly refers to the production or sale of banned drugs, counterfeit drugs, or harmful drugs. Clearly, Han Dongting and the pharmacy had not engaged in such behavior.
I really don’t know... In the end, he racked his brains but could not find a suitable charge. He had no choice but to look back at Qin Mu.
Qin Mu smiled faintly. "You’ve made good progress recently. The charge... doesn’t have much to do with the dical industry. It’s the cri of possessing a huge amount of property with unknown sources." He didn’t keep them in suspense any longer and revealed it directly.
"The cri of possessing a huge amount of property with unknown sources?"
After hearing this, Wang Dachui was once again stunned. Then, it dawned on him. He showed an excited expression and murmured, Right, how could I not have thought of that? This cri... indeed doesn’t require evidence!
The cri of possessing a huge amount of property with unknown sources refers to a situation where state functionaries or staff of special units have property or expenditures that clearly and significantly exceed their legal inco. Furthermore, they are unable to explain the legitimate origin of this excess. Sanhe Hospital is a private hospital. It has the nature of a public place and is considered a special institution. Criminal law clearly stipulates the amount involved. If it reaches 300,000, it ets the standard for filing a case. The sentencing is also quite severe. Those convicted of this cri face up to five years of fixed-term imprisonnt or detention, and the portion of property with unexplained origins is confiscated.
And such a report doesn’t require any evidence to be presented. It only requires knowledge that the other party indeed possesses a huge amount of property and is unable to justify its origins.
"Today, during the disturbance at the hospital, I heard a knife-wielding young man say that many doctors at this hospital own several apartnts," Qin Mu took a deep breath and continued, "If this is true, then Han Dongting can be directly reported for accepting bribes and possessing a huge amount of property with unknown sources."
Generally, whether reporting to the police or filing a lawsuit, solid evidence is required. But reports of bribery and possessing a huge amount of property with unknown sources do not require evidence. They just require a person to make the report. Such cases are often highly private, and ordinary people simply can’t obtain evidence. Therefore, according to the provisions of the Criminal Procedure Law, any unit or individual who discovers acts of bribery may report the case to public security or procuratorial organs. If the conditions for filing a case are t, these organs will initiate an investigation.
At the sa ti, it is also stipulated that even if a reporter’s allegations are incorrect, they do not assu legal risks as long as it is a cognitive error. That is, unless one is deliberately making false accusations or framing soone, there are no consequences to bear. This was also specifically anded to combat the once rampant bribery practices.
"Han Dongting colluding with the pharmacy would certainly an the pharmacy would provide kickbacks or rebates," Qin Mu continued. "We can’t find these things, but the procuratorate can."
As long as the procuratorate gets involved, everything can be made clear. The cri of bribery refers to an individual using their official position as leverage to accept bribes from others in exchange for procuring benefits for them. This cri has two elents for judgnt. The first is the use of, or attempt to use, the convenience of one’s official position. The second is the intent to possess benefits illegally. This cri corresponds to the cri of possessing a huge amount of property with unknown sources. If the huge amount of property cannot be clearly traced, and the investigating authorities cannot determine its origin, it constitutes the cri of possessing a huge amount of property with unknown sources. If the source is identified as bribery, then it constitutes the cri of bribery.
"Next, it’s how to report it."
Wang Dachui nodded and also started to ponder. They had already established the direction and found a breakthrough. Their collusive behavior was indeed flawless; an outsider would find it difficult to notice anything. Even if a complaint were successful, it would only lead to corresponding punishnt and warnings from the direct regulatory authorities, which is trivial. For individuals like Han Dongting, who dare to make money unscrupulously in the dical field...
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