A Critical Analysis of Medical Crimes: From the Perspective of the Penal Code of Afghanistan

Abstract

Aim: This study explores the phenomenon of medical crimes within the context of the penal code of Afghanistan, focusing on how legal frameworks address illegal activities in the healthcare sector. Medical crimes, such as revealing medical secrets, using expired medicine, refusing to offer treatment by medical personnel, negligence, carelessness, non-observance of medical regulations by medical personnel, and patient rights violations. These medical crimes pose significant risks to public health and patient safety and are punishable under the Penal Code. The Afghan penal code discusses these crimes in detail, specifically from Article 886 to Article 892. The importance of this study lies in removing ambiguities in the recognition of medical crimes and clarifying the position of the Afghan penal code regarding their classification and punishment. Methods: By examining legislative texts, judicial practices, and real-world case studies, the research highlights gaps and challenges in the current criminal justice system. This work employs the doctrinal research methodology along with descriptive, explanatory, and analytical research approaches. It is worth mentioning that this research study is entirely based on library sources. Most of the sources are textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. Results: The findings underscore the need for enhanced legal reforms, improved judicial capacity, and greater accountability to ensure a safer and more equitable healthcare environment. This research contributes to the ongoing discourse on healthcare and legal reform in Afghanistan, offering insights for policymakers, legal professionals, and healthcare practitioners aiming to strengthen the intersection of law and medicine.