Criminal liability of the doctor

Abstract

There is no doubt that the medical profession is a humane, ethical and scientific profession, and it is a profession whose roots extend to the deepest depths of history. He is upright in his work, aiming to preserve the lives of people, showing mercy to them, doing his utmost to serve them, but the doctor is, in the end, a human being and every human being has his shortcomings and faults, and from here some - but not all - doctors may slip into the slippery slope of wrong behavior that is unacceptable. Consistent with the law. Also, the necessities of modern life, scientific and technological progress, and the accompanying modern inventions, and their association with the most dangerous if neglected in their use, all of this created aspects of responsibility that were not known before in ancient times. The continuous increase in scientific and technical progress in medicine led to an increase in problems related to it. Likewise, the shortcomings of Iraqi legislation, especially in facing the impact of scientific, economic and social changes, and the consequent change in the means and methods of medical work, and in the behavior of doctors, and the refusal of the Ministry of Health and the Doctors Syndicate to confront this issue, made it necessary to study this issue and set specific rules for the criminal responsibility of doctors that It was marred by shortcomings and included the lack of criminalization of acts that have so far remained unaccountable for the guidance of jurists and doctors. For all these considerations, the importance of studying the issue of criminal liability for doctors has emerged. In fact, if the successes of doctors shine like the sun in the middle of the day, but their mistakes disappear as the black cat hides in the darkness of the wild night, then we had to show the actions and crimes committed by the doctor and verify his criminal responsibility. Where we divided the research that deals with ((the criminal responsibility of the doctor)) into two chapters, the first chapter deals with the criminal responsibility of the doctor for unintentional crimes and the second chapter deals with the doctor's criminal responsibility for intentional crimes and we explained what are the acts that if committed by the doctor is considered responsible for criminal responsibility, where the plan The research is as follows: an introductory study that shows the historical development of medical liability, chapter one: the criminal liability of the doctor in unintentional crimes. The first topic: the provisions of criminal liability for unintentional medical crimes. The first topic: the elements of criminal responsibility for unintentional medical crimes. The second requirement: proving criminal responsibility for unintentional medical crimes. The second topic: applications of criminal liability for medical error. The second chapter: the criminal responsibility of the doctor in intentional crimes. The first topic: intentional crimes affecting the right to life. The first requirement: killing out of compassion (euthanasia). The second requirement: the crime of abortion. The second topic: intentional crimes against professional confidence. The first requirement: the crime of giving a medical certificate as a matter of courtesy. The second requirement: the crime of disclosing a medical secret.