As reported, on May 31, Bien Hoa City Police (Dong Nai) arrested two people while they were in possession of social insurance retirement certificates and health certificates. content was falsified and prepared to be delivered to subscribers.
Dan Tri readers wondered that the seller had been arrested, so would the buyer be held responsible before the law even though the Transaction not completed (not caught in the act of delivery)?
Analyzing the above case, Lawyer Dang Van Cuong, Head of Chinh Phap Law Office, affirmed that the subjects violated regulations on medical examination and treatment and falsified their work to profit. assisting others in illegally taking advantage of health insurance.
According to According to the law, medical examination and treatment is a specific professional activity with conditions according to the provisions of the medical examination and treatment law. For medical examination and health certificates, the patient must carry out examination procedures and activities according to regulations. The examination results are recorded in each section of the medical examination certificate and the final conclusion is drawn.
“For pre-filled health examination certificates, the results are available, only the information is missing. of the examiner, this is a fake document that violates regulations on medical examination,” lawyer Cuong said.
In case the person performing the act of issuing fake documents is a person with a position of authority, then Violators will be criminally prosecuted for falsification in their work according to the provisions of Article 359 of the Penal Code with a maximum penalty of up to 20 years in prison.
Accordingly, in the case of If a subject issues fake documents with a quantity of 11 or more fake documents, the penalty will be imprisonment from 12 years to 20 years in prison. This is the highest penalty for this crime.
For those who Other types of documents issued under the law on medical examination and treatment, but the medical facility does not carry out the medical examination and treatment procedures but still issues such false documents to sell for profit, this is also an act of forgery in the work of the practitioner. Currently, this behavior will also be criminally handled according to Article 359 of the Penal Code.
In particular, officials with positions of authority do not directly commit acts of falsifying documents but are irresponsible. If the incident occurs, it can also be considered criminally prosecuted for irresponsibility causing serious consequences,” Mr. Cuong said.
People who buy fake medical certificates can be handled?
Lawyer Cuong said that for people and workers who buy medical examination and treatment documents and health confirmation documents to fill in information for use, this is also an act of forging documents and seals of agencies and organizations. If, after filling in the information, it is used for the purpose of profiteering from health insurance, this act is the act of using fake documents from an agency or organization. The person committing the act will be criminally prosecuted according to article 341 of the Code. criminal.
Article 341. Crime of falsifying seals and documents of agencies and organizations; The crime of using fake seals and documents of agencies and organizations clearly states:
Whoever forges documents or other papers of agencies or organizations or uses such seals or documents to commit illegal acts? The law is subject to a fine of from 30,000,000 VND to 100,000,000 VND, non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years. Committing a crime in one of the following cases shall be punished with imprisonment from 02 to 05 years:
a) Organized;
b) Committing the crime 2 times or more;
c) Making 2 to 5 stamps on documents or other papers;
d) Using stamps hide documents or other papers to commit crimes;
dd) Gaining illegal profits of 10,000,000 VND to under 50,000,000 VND;
e) Dangerous recidivism.< /p>
Committing a crime in one of the following cases shall be punished with imprisonment from 3 to 7 years:
a) Making 06 or more seals of documents or other papers;
b) Using document stamps or other papers to commit very serious crimes or particularly serious crimes;
c) Gaining illegal profits of 50,000,000 VND or more. Offenders can also be fined from 5,000,000 VND to 50,000,000 VND.
“Thus, with the act of using fake seal documents of organizations and agencies, the subject commits the act. Vi can be punished with up to 7 years in prison,” lawyer Cuong said.
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