Master'sOpen Access

Offenses committed by physicians against human body, and their sanction

2019
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Advisor: Dr. Öğr. Üyesi Ahmet Bozdağ

Abstract (EN)

In our thesis, the crimes that the physicians may commit against the human body arising from the medical intervention, criminal responsibilities and sanctions are examined, within the framework of the elements of the crime. Crime briefly, can be defined as, "unlawful, defective act in accordance with the type described in the law". An act must contain certain elements to be a crime. According to the general opinion accepted in the doctrine, these elements are, "Statutory Aspect","Physical Aspect", "Illegality Aspect" and the "Spiritual Aspect". There are reasons such as the enforcement of the rights and the consent of the person concerned, for the medical intervention acts not to constitute a crime. Although the aim of medical intervention is to protect and treat human health, it is essentially directed to the integrity of the human being, which is an entity with personal rights. As a rule, any kind of interference with human health and body integrity is considered to be an unlawful violation of personal rights. However, medical interventions are considered lawful, depending on the existence of certain conditions. Physic; the occupation of which is life, health and body integrity protected as a superior value in our Constitution, carries a serious responsibility and risks. Physicians are obliged to do their professions, as well as medical competence, in a legal and complete manner.

Author

Dr. Mustafa Kemalettin Can

How to Cite

Mustafa Kemalettin Can (Master Thesis). Offenses committed by physicians against human body, and their sanction, 2019, Gaziantep University.

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