Manaus/AM – The Court of Justice of Amazonas (TJAM) upheld the sentence of two years and six months in prison for doctor Luis Fernando Ruiz Lozano for the crime of embezzlement. He graduated in Peru and worked in Manaus, without revalidating his diploma in Brazil.
According to TJAM, Lozano was sentenced, in the first instance, to a sentence of three years and six months in prison (1 year and 21 days for illegal practice of medicine and 2 years and 6 months for embezzlement) for prescribing and selling a therapeutic medication to husband of a patient, in Manaus, with the promise that the medicine would cure the woman of breast cancer and supposedly make it unnecessary to continue conventional treatment for the disease.
On appeal, the appellant claimed that, even though he was still seeking approval by “Revalida” in Brazil, the “coach” modality as a profession would justify the amounts received, not characterizing his practice as embezzlement.
The vote of the rapporteur of the case, judge Jorge Lins, was followed by the other members of the Second Criminal Chamber, in line with the opinion of the Public Ministry, to partially grant the appeal, maintaining the conviction for embezzlement (article 171 of the Penal Code), but recognizing the prescription of the punitive claim regarding the crime of illegal practice of medicine (article 282 of the Penal Code), which occurred four years after receiving the complaint.
“I understand that it has been proven that the defendant, acting with intent, misled the victim to obtain an illicit advantage, with his conduct perfectly conforming to the criminal type provided for in art. 171 of the Penal Code, so that maintaining the conviction for the crime of embezzlement is an authoritative measure”, records the rapporteur in an excerpt from the Judgment.
According to the judge, the case shows that the defendant told the patient’s husband that he had a specialty in oncology, had already worked in several institutions in Manaus and charged him the amount of R$1,300 to purchase the supposed medicine that would cure the patient’s wife. author of the action. Days after payment, he gave the patient’s husband an open bottle of medication without a prescription. Furthermore, he also requested the amount of R$380 from the victims, stating that it was to obtain a social benefit for the patient, totaling R$1,680 thousand paid to the accused.
Lozano’s defense is appealing the decision of the Second Criminal Chamber.
Tags: Court maintains conviction Peruvian doctor selling medicine false promise curing cancer Amazonas
