Abstract
This study aimed at clarifying the penal responsibility of the doctors on the disclosure of trade secret by explaining the concept, nature, jurisdiction and the legal grounds of trade secret. The study showed the pillars and penalty of disclosure of medical secret crime, in addition to that, it showed the set reasons of disclosing the medical secret for the public interest. The study revealed the doctors penal responsibility for disclosure of trade secret through answering the following questions: What is the concept of medical trade secret nature and jurisdiction and its legal ground? What are the pillars of the disclosure crime and its penalty? What are the legitimate causes of disclosing medical secrets for the public interest?
Highlights
Going back to articles (355) and (437) of Jordanian Penal Law, it is apparent that disclosing of medical secrets crime is based on four pillars[4,6,7,8].Jordanian Law of Health[9]
Reasons of allowance for common interest: Many commitments have been imposed on doctors to reveal trade secret for common interest whether to ensure justice and combat crime or which dealt with common interest and below the matter shall be discussed separately: Notification on births, deaths and infectious diseases: Births: All countries took care of organizing birth records to treat all issues and problems thereof
In order to explain the legal grounds of the doctor work, I talked about the case of necessity and the patient consent, the criminal intention and legal permission
Summary
Going back to articles (355) and (437) of Jordanian Penal Law, it is apparent that disclosing of medical secrets crime is based on four pillars[4,6,7,8].Jordanian Law of Health[9]. Going back to articles (355) and (437) of Jordanian Penal Law, it is apparent that disclosing of medical secrets crime is based on four pillars[4,6,7,8]. First when what has been disclosed is a secret, second is the material pillar i.e., disclosure act third opinion is trusted adjective Description of culprit or private description Doctor. As for the fourth pillar is the moral pillar criminal description. In this form, crime of disclosing medical secrecy does have four pillars, which will be discussed in subsequent independent sections. Criminal legislation did not define it because Article (355) and (347) of Jordanian Penal Law and the Jordanian Medical Constitution did not define Medical Secrecy. Opinion was diversified and differences appeared with regard to definition thereof
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