Is it a crime to forge a CT diagnosis?

Recently, the verdict was publicly announced in the case of Jing Mouqian, the former director of Hunan Hengdong Boai Hospital, Deng Mou, chief of the medical insurance department, and Xie Mou, a radiologist, who forged medical documents to defraud medical insurance funds. The court of first instance ruled that Jing Mouqian was guilty of fraud and sentenced to a fixed term of imprisonment.

Sentenced to 3 years and 2 months in prison and fined RMB 20,000; the other two persons involved, Deng and radiologist Xie, were sentenced to 2 years and 10 months and 1 year and 6 months in prison respectively for fraud and fined

RMB 10,000 and RMB 5,000.

According to the investigation, from 2016 to 2018, Jing Mouqian arranged for Deng, the chief of the hospital's medical insurance department, and Xie, a radiologist, to defraud the medical insurance fund of a total of 276,300 yuan by forging CT diagnosis opinions for 1,377 inpatients.

According to the provisions of Article 266 of the Crime of Fraud in my country's Criminal Law, whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated.

In this case, Jing Mouqian and three other people took advantage of their positions, violated legal provisions, knowingly violated the law, and defrauded medical insurance funds of hundreds of thousands of yuan, which constituted the crime of fraud and should bear criminal responsibility in accordance with the law.

According to the author’s many years of experience, there are still many cases of forging medical diagnosis certificates in life. So, what other crimes might forging medical diagnosis certificates be involved in?

The author will analyze them one by one below.

1. Forgery of medical documents as evidence in civil litigation. In individual judicial cases, in order to obtain illegal benefits, some parties forge medical documents as evidence in civil litigation in order to increase (or reduce) the amount of compensation. If it is discovered through court investigation,

will be charged with false prosecution.

2. Forgery of medical documents in criminal cases and obstruction of justice. If a witness or expert in a criminal case deliberately forges medical documents that are important to the case in order to frame others or conceal criminal evidence and obstruct justice, it may constitute the crime of perjury.

3. Forging medical documents to defraud public and private property. If the perpetrator defrauds public or private property by forging medical documents for the purpose of illegal possession, usually if the amount reaches more than 3,000 yuan, he may be suspected of fraud and will be sentenced to a fixed term of not more than three years.

Imprisonment, criminal detention or surveillance, and a fine.

Article 266 of the "Criminal Law" stipulates that whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances,

Those who commit crimes shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or their property shall be confiscated.

Article 305: Crime of perjury: In criminal proceedings, if a witness, appraiser, recorder, or translator intentionally makes false certifications, appraisals, records, or translations of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence,

He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Article 307-1 Crime of False Litigation Whoever files a civil lawsuit based on fabricated facts, obstructs judicial order or seriously infringes upon the legitimate rights and interests of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the circumstances are serious,

, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

If there is any act in the first paragraph, illegally occupying other people's property or evading legal debts, and constituting other crimes, he shall be convicted and severely punished in accordance with the provisions of heavier penalties.

If judicial staff take advantage of their powers to commit the acts in the first three paragraphs with others, they shall be severely punished; if they constitute other crimes at the same time, they shall be convicted and punished in accordance with the provisions on heavier penalties.