The crime of doing medical work without a license (A comparative study)
DOI:
https://doi.org/10.61841/gf6d5184Keywords:
The crime of doing medical work without a licenseA comparative studyAbstract
Medical work is considered one of the most important works that can undermine the human right to the safety of his body, so legislations, including the legislation in question, have sought to regulate the practice of this work, and to establish the rules and legal frameworks that govern it, in a way that removes the criminal character and gives it the character of legitimacy, And it shall exempt the person responsible from any criminal liability. In view of the seriousness involved in the practice of medical work on the right to body safety, the legislation subject to comparison stipulated that the medical practitioner must possess the scientific qualifications that would enable him to do this work, and that he possesses the necessary legal license, otherwise it will cease to be medical work Legitimate and becomes an illegal activity, the person in charge is asked about a crime, we called it the crime of practicing medical work without a license, and it is one of the serious crimes that has its implications, and its punishment is in accordance with the principle of legality.
Downloads
References
1. Referred to by: Ghadban Nabilah, The Doctor's Criminal Responsibility, Master Thesis, Faculty of Law, Mouloud Mamari University - Tizi Ouzou, 2009, p. 14.
2. Dr. Amin Mustafa Muhammad, Penal Code - General Section - Crime Theory, First Edition, Beirut, Lebanon, 2010, p. 137.
3. Dr. Hussam al-Din al-Ahwani, Legal Problems Aroused by Transplants of Human Organs, Journal of Legal and Economic Sciences, No. 1, 1975, p. 235.
4. Dr. Mahmoud al-Qiblawi, Doctor's Criminal Responsibility, Dar Al-Fakr Al-Jami'a, Egypt, 2004, p.
5. Bin Fateh Abdul Rahim, The Physician's Criminal Responsibility, Master Thesis, College of Law and Political Science, University of Muhammad Khidir- Biskra, 2014-2015, p. 18.
6. Dr. Mansour Omar Al-Maayta, Civil and Criminal Liability in Medical Errors, First Edition, Riyadh, 2004,
p. 15.
7. Article (372) of the law.
8. Paragraph (1) Article (2) of the Law.
9. Referred to by: Dr. Fahd Dukhin Al-Adwani, Medical Work in Comparative Law and Judicial Provisions, No. (32), Part (2), No Publication Date, p. 531.
10. Mahmoud Musa Dudin, Civil Physician Responsibility for His Professional Work, Master Thesis, College of Graduate Studies, Birzeit University, 2006, p. 20.
11. Bin Fateh Abdul Rahim, previous source, p. 19.
12. Ould Omar Elissa, Khaddache Rawaah, The Criminal Responsibility of the Doctor in Algerian Legislation, Master Thesis, Faculty of Law and Political Science, Mouloud Mamari University - Tizi Ouzou, 2016, p. 9.
13. Dr. Mahmoud Naguib Hosni, Explanation of the Penal Code - General Section, Arab Renaissance House, Cairo, 1977, p. 182.
14. Referred to by: Dr. Fahd Dukhan Adwani, previous source, p. 525.
15. See Article (1) of the Law Regulating Practicing the Medical Profession No. (415) of 1954 as amended.
16. For example, see paragraphs (1, 2, 5) of the instructions issued in accordance with the Law of the Practice of Medicine in Iraq for the year 1925 published in the Iraqi facts in the number (752) on 12/12/1962.
17. Referred to by: Dr. Fahd Dukhan Adwani, previous source, pp. 531-532.
18. Ibid, pp. 533-534.
19. For more detail on the medical intervention, see: Dr. Abdel-Wahab Omar Al-Batrawi, Criminal Responsibility for Doctors, The Arab Journal for Security Studies and Training, Volume (16), No. (31), No Publication Date, Pp. 7 and beyond.
20. Ghadban Nabilah, previous source, pp. 15-16.
21. Referred to by: Dr. Mansour Omar Al-Maayta, previous source, p. 15.
22. Dr. Abboud al-Sarraj, General Penal Code 2, Syrian Arab Republic, 2018, pp. 104-106.
23. Dr. Ahmed Awad Bilal, the Egyptian Penal Code - General Section, Book One, The General Theory of Crime, No Place Printed, 2007, pp. 161-169.
24. Dr. Mansour Omar Al-Maayta, previous source, p. 30.
25. Dr. Abdul-Wahab Omar Al-Batrawi, previous source, pp. 39-40.
26. Article (9) of the Code of Professional Ethics issued by decision of the Minister of Health No. (238) for the year 2003.
27. Paragraph (2) of Article (41) of the Iraqi Penal Code No. 111 of 1969, as amended.
28. Dr. Hassan Shamsi Pasha, d. Muhammad Ali al-Barr, Doctor’s Responsibility Between Jurisprudence and Law, No Place of Publication, No Date of Publication, pp. 28 ff
29. Dr. Ashraf Tawfiq Shams El-Din, Explanation of the Penal Code - General Department, The General Theory of Crime and Punishment, Faculty of Law, Banha University, 2012, pp. 262-263.
30. Dr. Adnan Al-Khatib, General Principles in the Penal Code, Book One, Damascus University Press, 1963,
pp. 186-187.
31. Dr. Isaac Ibrahim Mansour, Explanation of the Algerian Penal Code - On Crimes Against Persons, Ethics, Money and State Security, Second Edition, University Press Office, Algeria, 1988, p. 67.
32. Bin Fateh Abdul Rahim, previous source, p. 28.
33. Article (28) of the Code of Professional Ethics issued by decision of the Minister of Health No. (238) for the year 2003.
34. Article (1) of the law.
35. Article (2) of the law.
36. Paragraph (2) of Article (2) of the Law.
37. Article (3) of the law.
38. Article (3) of the law.
39. Article (4) of the law.
40. Article (1) of the Amended Medicine Practice Law of 1954 is amended.
41. See Article (3) of the Medicine Practice Law of 1925.
42. Article (2) of Amending the Medical Profession Law of 1954 is amended.
43. See, for example, articles (240-244) of the Egyptian Penal Code No. 58 of 1937 as amended, as well as articles (411-416) of the Iraqi Penal Code No. 111 of 1969 as amended.
44. Consider, for example, Article (11) of the Law of Practicing Medicine in Iraq for the amended 1925, as well as Article (25) of the Iraqi Medical Union Law for the year 1984, as well as Articles (10, 11) of the Law of Practicing the profession of Egyptian Medicine of 1954 amending .
45. Mahmoud Musa Dudin, previous source, p. 27.
46. Referred to by: Dr. Fahd Dukhin Adwani, previous source, p. 531.
47. Referred to by: Bin Fateh Abdul Rahim, previous source, p. 87.
48. Ibid., P. 87.
49. Referred to by: Dr. Fahd Dukhin Adwani, previous source, pp. 533-534.
50. Referred to by: Mahmoud Musa Dudin, previous source, p. 27.
51. Dr. Abbas Al-Hassani, Explanation of the New Iraqi Penal Code - General Section, Baghdad, 1970, p. 86.
52. Dr. Amin Mustafa Muhammad, previous source, p. 399.
53. Dr. Abdullah Suleiman, Explanation of the Penal Code - Public Section - Crime, Part One, University Press Office, Algeria, 1995, pp. 250 and beyond.
54. Article (10) of the Medical Practice Law of 1954 as amended.
55. Ibid.
56. Paragraphs (First, Second) of Article (11) of the Practicing Medical Profession Law of 1954, as amended.
57. Article (33) of the Physicians Syndicate Law of 1984. It is worth noting that the amounts of fines mentioned in the special laws, including the aforementioned law, were amended according to Law No. (4) of 2019 amending the Law to amend the fines mentioned in the Penal Code No. 111 of 1969 The rate and other special laws No. (6) for the year 2008, and the amounts of the fine in the violation are no less than (50,000) thousand dinars and not more than (200,000) two hundred thousand dinars, and in misdemeanors not less than (2000001) thousand dinars and not more than (1000000) million dinars In felonies, not less than (10,000,000) dinars and not more than (10,000,000) ten million dinars. The law was published in the Iraqi facts, number (4546) on 7/8/2019.
58. Ibid.
59. Ibid.
60. Paragraph (First) of Article (27) of the Physicians Syndicate Law of 1984.
61. Article (25) of the Physicians Syndicate Law of 1984.
62. Dr. Ahmed Awad Bilal, The Egyptian Penal Code - General Section, Book One, The General Theory of Crime, No Place Printed, 2007.
63. Dr. Ishaq Ibrahim Mansour, Explanation of the Algerian Penal Code - On Crimes Against Persons, Ethics, Money and State Security, Second Edition, University Press Office, Algeria, 1988.
64. Dr. Ashraf Tawfiq Shams El-Din, Explanation of the Penal Code - General Department, The General Theory of Crime and Punishment, Faculty of Law, Banha University, 2012.
65. Dr. Amin Mostafa Mohamed, Penal Code - General Section - Crime Theory, First Edition, Beirut, Lebanon, 2010.
66. Dr. Hassan Shamsi Pasha, d. Muhammad Ali al-Barr, the doctor’s responsibility between jurisprudence and law, no place of publication, no date of publication.
67. Dr. Abbas Al-Hassani, Explanation of the New Iraqi Penal Code - General Section, Baghdad, 1970
68. Dr. Abdullah Suleiman, Explanation of the Penal Code - Public Section - Crime, Part One, University Press Office, Algeria, 1995.
69. Dr. Abboud al-Sarraj, General Penal Code 2, Syrian Arab Republic, 2018.
70. Dr. Adnan Al-Khatib, General Principles in the Penal Code, Book One, Damascus University Press, 1963.
71. Dr. Mahmoud al-Qiblawi, Doctor's Criminal Responsibility, Dar Al-Fakr Al-Jami'a, Egypt, 2004.
72. Dr. Mahmoud Naguib Hosni, Explanation of the Penal Code - General Section, Arab Renaissance House, Cairo, 1977.
73. Dr. Mansour Omar Al-Maayta, Civil and Criminal Liability in Medical Errors, First Edition, Riyadh, 2004.
74. Dr. Hussam al-Din al-Ahwani, Legal Problems Raised by Transplants of Human Organs, Journal of Legal and Economic Sciences, No. 1, 1975.
75. Dr. Abdel-Wahab Omar Al-Batrawi, Criminal Responsibility of Doctors, The Arab Journal for Security Studies and Training, Volume (16), No. (31), no publication date.
76. Dr. Fahd Dukhin Al-Adwani, Medical Work in Comparative Law and Judicial Provisions, No. (32), Part (2), no publication date.
77. Bin Fateh Abdul Rahim, Doctor's Criminal Responsibility, Master Thesis, College of Law and Political Science, University of Muhammad Khader - Biskra, 2014-2015.
78. Ghadban Nabilah, Doctor's Criminal Responsibility, Master Thesis, Faculty of Law, Mouloud Mamari University - Tizi Ouzou, 2009.
79. Mahmoud Musa Dudin, Civil Physician Responsibility for His Professional Work, Master Thesis, College of Graduate Studies, Birzeit University, 2006.
80. Ould Omar Elissa, Khaddache Rawaah, The Criminal Responsibility of the Doctor in Algerian Legislation, Master Thesis, Faculty of Law and Political Science, Mouloud Mamari University - Tizi Ouzou, 2016.
81. Medicine Practice Law in Iraq No. 503 of 1925 as amended.
82. The Egyptian Penal Code No. 58 of 1937 as amended
83. Law No. 415 of 1954 regulating the practice of the medical profession, as amended.
84. The instructions issued in accordance with the Law of Practicing Medicine in Iraq for the year 1925 published in the Iraqi facts, number (752) on 12/15/1962.
85. Iraqi Penal Code No. 111 of 1969, as amended.
86. The Code of Professional Ethics issued by decision of the Minister of Health, No. (238) for the year 2003.
87. Law No. (4) of 2019 amending the Law amending the fines mentioned in the Penal Code No. 111 of 1969 amending and other special laws No. (6) of 2008.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
