Criminal liability of physicians in Turkish law

As in the world, there have been many positive developments in the field of medicine in our country in recent years. Both the increase in the number and quality of health institutions, as well as the training of physicians and the positive developments in the use of medical equipment have led to an awareness of malpractice compared to the past. Although this is the case, erroneous medical practices unfortunately continue to increase. Sometimes these erroneous practices even lead to the emergence of criminal acts in the context of criminal law. There are many academic and scientific studies on the criminal liability of physicians around the world. In our country, academic and scientific studies have begun to be put forward in this newly developing field. In this study, we will examine what kind of regulations exist in our own law regarding the criminal liability of physicians, which actions of physicians give rise to which crime, and what sanctions physicians will face when a crime occurs. While examining the types of crimes we have included in our study, it has been discussed how the type of crime will differ from the general appearance of the crime, especially in cases where the physician is the perpetrator, what are the controversial and different situations that arise in terms of some crime types, and what the appearance of the crime will be if the doctor is the perpetrator in judicial decisions we will stop. In this context, in the first part of our study, a brief introduction to the subject will be made, in the second part some concepts that are important for our subject will be explained, in the third part, the legal, administrative, professional ethical and criminal responsibilities of physicians will be briefly mentioned, in the fourth part, the investigation permit process of public servants will be examined. In the sixth part, crimes and misdemeanors that can be committed by physicians will be explained in detail, and in the seventh part - the conclusion part - a brief evaluation will be made about our study subject. In our study, while examining each type of crime, we will first try to give general information about the type of crime, and then we will try to evaluate the controversial and peculiar situations in terms of the type of crime, if the physician, who is the main subject of our study, is the perpetrator of the crime. While making this evaluation, we will try to reveal how the appearance of the crime will differ in the light of judicial decisions in cases where the physician is the perpetrator of the crime.