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2023-08-08

On May 26th, the Supreme Court of Justice issued typical cases of medical related crimes

catalogue

1. Lian Enqing's intentional homicide case

——The crime of killing a doctor on suspicion of improper treatment is extremely serious

2. Wang Min's provocation and trouble shooting case

——Repeatedly causing trouble at the hospital and assaulting, insulting, and intimidating medical staff, with a heinous plot

3. Chen Jinquan and others gathered to disrupt social order case

——Gathering crowds to disrupt the order of the hospital, with serious consequences and causing serious losses

4. Zhao Juntang and others gathered to disrupt social order case

——Gathering crowds to disrupt hospital order, with serious circumstances


Case 1

The intentional homicide case of Lian Enqing

——The crime of killing a doctor on suspicion of improper treatment is extremely serious

(1) Basic facts of the case

The defendant, Lian Enqing, male, Han nationality, was born on June 11, 1980 and is a farmer.

In March 2012, the defendant Lian Enqing received surgical treatment from Dr. Cai Chaoyang, an otolaryngologist at the First People's Hospital of Wenling City, Zhejiang Province, due to nasal diseases. Afterwards, Lian Enqing believed that the surgical effect was not satisfactory, and repeatedly went to the hospital for re examination, complaints, and requests for another surgery to be unsuccessful. Although Lian Enqing visited other hospitals multiple times during this period and was diagnosed with no abnormalities in his nose, he still harbored resentment towards Cai Chaoyang, the otolaryngologist Wang Yunjie (victim, 45 years old) who handled the complaint at Wenling First People's Hospital, and the doctor Lin Haiyong who performed CT scans for him. He planned revenge and murder. At around 8:00 am on October 25, 2013, Lian Enqing brought a prepared wooden handle iron hammer and sharp knife to the otolaryngology outpatient department on the fifth floor of the outpatient building of the First People's Hospital in Wenling City. He saw Wang Yunjie and Cai Chaoyang sitting in their respective consultation rooms, and then entered Wang Yunjie's consultation room. With the iron hammer, he hit Wang Yunjie on the head. Due to the fracture of the wooden handle of the hammer, the hammer head fell to the ground. Lian Enqing took out a sharp knife and stabbed Wang Yunjie, and chased him to the dental clinic on the same floor. He continuously stabbed Wang Yunjie in the chest, abdomen, back, and other areas. He also used a knife to stab and dissuade the hospital doctor Wang Weijie (the victim, aged 59 at the time), who stabbed Wang Yunjie in the right armpit. After getting rid of Wang Weijie's obstruction, he stabbed Wang Yunjie again in the chest. Subsequently, Lian Enqing returned to the otolaryngology clinic with a knife to search for Cai Chaoyang. Seeing that the door of Cai Chaoyang's consultation room was locked and unable to enter, he used a sharp knife handle to break the glass of the consultation room door and left. Subsequently, Lian Enqing came to the CT room on the first floor of the radiology department of the hospital with a knife to search for Lin Haiyong. He mistakenly identified the CT room doctor Jiang Xiaoyong (the victim, 39 years old at the time) as Lin Haiyong and stabbed Jiang Xiaoyong in the chest and abdomen three times. Lian Enqing was caught on the spot by the personnel present and the security guards who rushed in upon hearing the news. Wang Yunjie died on the same day after being stabbed and causing rupture of the heart, pulmonary artery, and lungs. However, rescue efforts were unsuccessful; Jiang Xiaoyong's injury constitutes a serious injury.

(2) Judgment results

This case was first instance by the Intermediate People's Court of Taizhou City, Zhejiang Province, and second instance by the Higher People's Court of Zhejiang Province. The Supreme People's Court conducted a death penalty review of this case.

After trial, the court found that the defendant, Lian Enqing, was dissatisfied with the hospital's treatment effectiveness and complaint handling. He committed an armed attack at the hospital and intentionally illegally deprived the doctor of his life, resulting in one death and two injuries. His behavior constitutes intentional homicide. The nature of Lian Enqing's crime is particularly harsh, the means are particularly cruel, the circumstances and consequences are particularly serious, and should be punished according to law. Based on this, the defendant Lian Enqing was sentenced to death and approved in accordance with the law.

The criminal Lian Enqing was executed in accordance with the law on May 25, 2015.


Case 2

Wang Min's provocation and trouble shooting case

——Repeatedly causing trouble at the hospital and assaulting, insulting, and intimidating medical staff, with a heinous plot

(1) Basic facts of the case

Defendant Wang Min, female, Han nationality, born on February 7, 1984, unemployed.

The defendant Wang Min failed to undergo nasal plastic surgery at a certain beauty and plastic surgery hospital and went to the Plastic and Cosmetic Surgery Department of Tongji Hospital Affiliated to Tongji Medical College of Huazhong University of Science and Technology in Wuhan, Hubei Province. She underwent nasal plastic surgery, repair and reconstruction twice in May 2008 and November 2009. After the surgery, Wang Min was dissatisfied with the surgical effect and repeatedly went to the department to pester and make noise. She used red paint to scribble on the walls and doors of the outpatient room, wrote insulting words, and smashed office supplies, doors, windows, and ceilings. In March 2012, through mediation by the People's Mediation Committee, both parties reached a mediation agreement. But since then, Wang Min has repeatedly visited the department to smash office items such as printers and computers, causing economic losses of over 10000 yuan. On the morning of May 20th of the same year, Wang Min instructed others to punch and kick Xu Yi, a doctor in the department, on his way to work, breaking his glasses and causing minor injuries. Wang Min also repeatedly sent a large number of insulting and threatening text messages to Ye Zirong, a doctor in the department, and tracked them to Ye Zirong's home, threatening to harm Ye's family.

(2) Judgment results

This case was first instance by the Qiaokou District People's Court of Wuhan City, Hubei Province, and second instance by the Wuhan Intermediate People's Court.

After trial, the court found that the defendant Wang Min went to the hospital multiple times to vent his anger and arbitrarily damaged public property, with serious consequences; Causing chaos and causing serious disorder in the hospital; Abusing, intimidating, and instructing others to beat medical personnel at will, if the circumstances are severe, constitutes the crime of causing trouble and should be punished in accordance with the law. Wang Min has repeatedly committed the above actions, seriously disrupting social order, and causing one person to be slightly injured. He will be given a heavier punishment as appropriate. Wang Min voluntarily pleads guilty and may be given a lighter punishment as appropriate. Based on this, the defendant Wang Min was sentenced to four years in prison in accordance with the law.

The above judgment took legal effect on November 26, 2014.


Case 3

Chen Jinquan and others gathered to disrupt social order case

——Gathering crowds to disrupt the order of the hospital, with serious consequences and causing serious losses

(1) Basic facts of the case

The defendant Chen Jinquan, male, Han nationality, was born on October 10, 1987 and is a migrant worker.

The defendant Chen Bian, female, Han nationality, was born on April 5, 1985, unemployed.

The defendant Zhu Qiankun, male, Han nationality, was born on May 1, 1983 and engaged in business.

The defendant Chen Baozhi, female, Han nationality, was born on June 24, 1988 and is a migrant worker.

At around 0:00 on May 2, 2014, the defendant Chen Jinquan sent his brother Chen Jinmu to the inpatient department on the fifth floor of Anxi County Traditional Chinese Medicine Hospital in Fujian Province for treatment. At around 5 o'clock on the same day, Chen Jinquan's sister, the defendant Chen Bian, and others suspected that Chen Jinmu's condition had worsened and were the responsibility of the hospital. They beat up duty medical staff members Liang Peirong, Sun Pingping, and others, and stole the patient's medical records from doctor Chen Binghuang. At around 8 o'clock, the hospital announced that Chen Jinmu had died after ineffective rescue. Chen Jinquan immediately summoned relatives and friends to the hospital through phone calls and other means. At around 9 o'clock, Chen Jinquan, Chen Bian, Chen Jinmu's ex-wife defendant Chen Baozhi, Chen Bian's husband defendant Zhu Qiankun, and others smashed the doctor's office, nursing station, and treatment room on the fifth floor of the hospital, causing damage to a large number of medical equipment, equipment, drugs, computers, printers, and other items. They also assaulted medical personnel such as Chen Binghuang and police station attendants Ke Guoxin and Wang Zhihui who were on duty, and forcibly took care of Chen Jinmu's body. Subsequently, Chen Jinquan and others removed Chen Jinmu's body from the ward and pulled it to the entrance of the first floor lobby of the hospital. They set up a mourning hall, burned paper money, pulled banners, blocked doors, and surrounded elevator entrances and exits. They smashed the Chinese pharmacy, emergency department doctor's office, nurse station, treatment room, etc., and beat medical personnel such as Zhou Yina and Huang Lili, as well as police officer Ke Dianqiang. In summary, four defendants, including Chen Jinquan, assaulted medical staff, causing minor injuries to Zhou Yina and seven others, including Huang Lili. They damaged the hospital's property, causing economic losses of over 30000 yuan, and causing the hospital's medical work to be unable to proceed normally.

(2) Judgment results

After trial, the court found that the defendants Chen Jinquan, Chen Bian, Zhu Qiankun, and Chen Baozhi disrupted the normal working order of the hospital by gathering crowds, blocking, beating, and smashing, causing multiple medical personnel to be injured. The circumstances were serious, causing the hospital's medical work to be unable to proceed and causing serious losses. Their actions all constituted the crime of gathering crowds to disrupt social order and should be punished in accordance with the law. In the joint crime, Chen Jinquan is the ringleader, while Chen Bian, Zhu Qiankun, and Chen Baozhi are other active participants. All four defendants truthfully confessed their crimes and actively compensated the victim for their economic losses. If they showed remorse, they may be given a lighter punishment. Based on this, the defendant Chen Jinquan was sentenced to three years in prison in accordance with the law; Sentence the defendant Chen Bian to imprisonment of one year and three months, with a probation of one year and three months; The defendants Zhu Qiankun and Chen Baozhi were sentenced to one year in prison with a suspended sentence of one year and three months.

After the verdict was pronounced, the defendant did not appeal, and the procuratorial organs did not protest. The above judgment took legal effect on October 26, 2014.


Case 4

Zhao Juntang and others gathered to disrupt social order

——Gathering crowds to disrupt hospital order, with serious circumstances

(1) Basic facts of the case

The defendant Zhao Juntang, male, Han nationality, was born on March 2, 1982, unemployed.

The defendant Han Jinyan, male, Han nationality, was born on November 22, 1981, unemployed.

The defendant Zhao Shifeng, male, Han nationality, was born on February 23, 1988, unemployed.

The defendant Guo Yongjun, male, Han nationality, was born on November 9, 1968, unemployed.

The defendant Fan Changxi, male, Han nationality, was born on November 19, 1959, unemployed.

The defendant Guo Honghai, male, Han nationality, was born on December 2, 1976, unemployed.

The defendant Zhao Liqing, female, Han nationality, was born on March 7, 1976, unemployed.

The defendant Zhao Danju, male, Han nationality, was born on November 5, 1982, unemployed.

On the afternoon of July 9, 2014, Zhao Keting, the father of the defendant Zhao Juntang, died due to ineffective medical treatment during his hospitalization at the Sixth People's Hospital in Anyang City, Henan Province. In order to exert pressure on the hospital and obtain more compensation, Zhao Juntang, along with defendants Han Jinyan, Zhao Liqing, and others, placed thermostatic coffins in the inpatient department of the hospital. The next morning, they also parked the thermostatic coffins in the outpatient hall on the first floor. Zhao Juntang gathered more than 30 defendants, including Zhao Shifeng, Fan Changxi, Guo Yongjun, Guo Honghai, and Zhao Danjie, to set up a mourning hall in the outpatient hall, playing mournful music through speakers, and having people block the entrance of the inpatient department with cars. Han Jinyan is still hanging a white banner at the entrance of the hospital with the words' Give me back my life '. At around 11:30 on the 11th of the same month, police officers Xing Weidong and Jin Zhichao waited at the outpatient hall of the hospital to maintain order and advised Zhao Juntang and others to leave. Zhao Juntang and others used methods such as tearing and scratching to obstruct the police from carrying out their official duties, causing minor injuries to Xing Weidong and Jin Zhichao.

(2) Judgment results

After trial, the court found that the defendants Zhao Juntang, Han Jinyan, Zhao Shifeng, Guo Yongjun, Fan Changxi, Guo Honghai, Zhao Liqing, and Zhao Dan only gathered multiple people to set up a spiritual hall and block the gate in the outpatient hall of the hospital, causing minor injuries to two police officers who were maintaining order, causing the diagnosis and treatment activities to be unable to proceed normally. The circumstances are serious, and their actions have all constituted the crime of gathering crowds to disrupt social order, and should be punished in accordance with the law. In joint crimes, Zhao Juntang is the organizer, planner, and gatherer, and is the primary element; Han Jinyan, Zhao Shifeng, Guo Yongjun, Fan Changxi, Guo Honghai, Zhao Liqing, and Zhao Dan are only active participants. All 8 defendants pleaded guilty and obtained the victim's understanding. Zhao Juntang, Han Jinyan, and Zhao Shifeng voluntarily surrendered and truthfully confessed their crimes, which is considered voluntary surrender. According to the specific roles and circumstances of each defendant in the joint crime, Zhao Juntang will be given a lighter punishment in accordance with the law, while Han Jinyan, Zhao Shifeng, Guo Yongjun, Fan Changxi, Guo Honghai, Zhao Liqing, and Zhao Dan will only be given a lighter punishment. Based on this, the defendant Zhao Juntang was sentenced to nine months in prison in accordance with the law; Sentenced the defendant Guo Yongjun to seven months in prison; Sentenced the defendants Han Jinyan and Zhao Shifeng to six months in prison; The defendants Fan Changxi, Guo Honghai, Zhao Liqing, and Zhao Dan were only sentenced to four months of detention and six months of probation.

After the verdict was pronounced, the defendant did not appeal, and the procuratorial organs did not protest. The above judgment took legal effect on February 4, 2015.


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