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非法行医致人死亡案件中非法行医行为和死亡结果之间的因果关系是司法实践中的难点。由于医学是一门专业性很强的学科,就诊人死亡的原因也很复杂,认定非法行医致人死亡的因果关系也就具有了相当的复杂性。传统的因果关系往往并不能准确判断和认定非法行医行为和致人死亡结果在刑法上的因果关系。本案中,被害人在被告人郑某处就诊后死亡,但其死因是冠心病发作,导致急性心功能障碍死亡。在现有证据无法证实被害人冠心病发作的诱因与被告人郑某的非法行医行为有关的情况下,将被害人心脏病发作而死亡这一后果之责任由被告人郑某承担,显然与其罪责不相适应。
The causal relationship between the illegal practice of medical practice and the result of death in the case of unlawful medical practice leading to death is a difficult point in judicial practice. Because medicine is a highly specialized subject, the cause of death of the attending physician is also complicated. It is also quite complex to find that the causal link between the death of an attending physician and the deceased person is unmanaged. Traditional causation often can not accurately judge and determine the causation of the criminal practice of illegal medical practice and the death of the cause. In the present case, the victim died after visiting the defendant Zheng Mou, but the cause of death was a coronary heart attack, leading to the death of acute cardiac dysfunction. Where existing evidence can not confirm that the cause of the victim’s CHD is related to the unlawful practice of the accused Zhengmou, the liability for the consequence of the victim’s death from a heart attack is borne by the defendant, Jeong Mou, obviously not in accordance with its guilt adapt.