Author
Unver, Yener
Publication Date
2014
Publication Place
-
Legal Publishing
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
2147-1045
Record ID
e44f44b7-a6b8-43c8-8e9f-b7ba3900c7f4
Library Location
Law
Date
2014
Sample Text
There are no specific principles regarding criminal law liability in the field of health, but general criminal law principles and rules are also valid for this field. However, special legal regulations and different case forms specific to this field and the unique nature of medicine/health require that certain types of behavior be evaluated specifically, taking into account the structure, causes and consequences of this quality. The main principles in the assessment of criminal law liability specific to this field are the institutions regulated by principles and positive provisions to be taken into account after the evaluation of the existence of conditions such as the authorized physician ensuring the legality of the medical intervention, medical intervention in accordance with the medical standard, indication (which is a controversial condition), consent obtained after necessary and sufficient information, the individuality of criminal liability (AY Art. 38; TCK. Art. 20), the provisions of complicity that determine criminal liability according to the contribution to the formation of the crime, the principle of trust and in negligent crimes. We can state it as the principle of determining the amount of punishment according to the fault rate to be evaluated for each perpetrator and the valid consent (consent) obtained from the authorized person after necessary and sufficient clarification (TCK art. 26/2). On the other hand, which came into force in 2004 and both the Constitutional Law. 13 real months. In accordance with 90/5, the consequences of the regulations brought by the Council of Europe Biomedicine Convention, which is above our laws and is our domestic law, should also be taken into account in terms of criminal law., Principles of criminal law is not a private responsibility in the health field, nonetheless, general criminal law principles and rules still apply to this area. However, this area's exclusive legal regulations and cases with different forms of health problems and patients with health of the unique nature expressed in certain forms of behavior require judgment, considering the results. Fundamental principles and specific criminal responsibility assessment in this field, competent physician providing the legality of medical intervention, medical standards with appropriate medical intervention, (a controversial condition) indication, after necessary and sufficient investigation has been made the consent conditions such as the presence of assessment considering principles on positive terms by regulated institutions, individual criminal responsibility (AR art. 38; TCK. art. 20), according to offense of criminal responsibility and determining he complicity of provisions, trust policy, and the penalty for negligence will be evaluated according to the damage rate referring to principles for each offender and with the necessary consent after sufficient investigation from authorized person has been obtained (Art. 26/2) as we may specify. On the other hand, AY m. 13 real months. 90/5 came into force in 2004 Law and domestic law on our legislation with the regulations imposed by the Council of European Convention on Biomedicine, must be considered with the consequences in terms of criminal law.
Cilt
3
