The Criminal Liability for the Medical Reports that Contradict Reality under the Qatari and Jordanian Laws: A comparative study

Mus'ab Turki Ibrahim Nassar

doi:10.7176/jep/12-1-09

Abstract

The study deals with a very important topic, which is “the criminal liability arising from medical reports contrary to reality in Jordanian law (a comparative study).” The importance of this study is followed by the fact that it deals with an important and sensitive topic related to achieving justice. Medical reports contrary to reality have become a phenomenon witnessed by society, and it has become resorted to Some have the right to curse and plot against others, or in order to accuse them of accusing another person, or other improper intentions that these false and counter-factual reports seek to achieve, and despite its importance, it has not received sufficient and thorough study in Jordanian law. The study concluded that the medical report is considered an official document, meaning it enjoys legal protection. Therefore, we find that the Jordanian legislator has colored its legal protection and set a penalty for those who issue a medical report in contradiction or issued by a person not authorized to do so because it limits the parties entitled to issue reports They are the official public authorities, and accordingly, in order for the medical report to be valid, fulfilling the conditions and having legal value, it must be issued by an official authority after examining the case requesting the report. The researcher wishes for the Jordanian legislator to reformulate the texts governing the crime of giving false certificates and forgery in official documents, in order to make the elements of the crime of forgery in medical reports and to give false medical certificates sufficiently clear and specific. Key words : medical reports, false medical certifications, medical criminal liability. DOI : 10.7176/JEP/12-1-09 Publication date : January 31st 2021

Highlights

False medical reports have become harassing justice and threatening innocent people, and some have resorted to healing and maliciousness against others, or in order to attach his interests to another person, or other improper intentions that these false reports seek to achieve, and contradict the real facts
Research importance: The importance of this research lies in the fact that it deals with the topic of “the criminal responsibility of false medical reports that are contrary to reality in the Qatari law and its comparison with the Jordanian law”, in that it is related to achieving justice, threatens the innocent, and some have resorted to healing and maliciousness against others, or in order to attach his accusations to a person Another, or other improper intentions that these false reports and contradicting the real facts seek to achieve, and despite its importance, it was not adequately and thoroughly studied in Jordanian law
The second branch: Definition of medical reports in the convention The report is defined in the terminology as: “confirmation of speech, and fixing it beyond the possibility” (Al Zayat et al 1985), and multiple definitions of the term medical report have been received, but we can choose a definition of the medical report that is considered somewhat comprehensive definition because it contains the elements that must be available in the case of the medical report, and indicates This definition indicates that the nature reports are: “an official editor, from a specialist doctor, who has examined a case, in which specific matters are established, concerning that case, and is issued by request” (Al Adli,2007)

Summary

Introduction

The issuance of medical reports of various types, images, forms and purposes is one of the most important responsibilities that lie with the doctor, as the medical report is a medical certificate regarding the description or diagnosis of a case of injury, wound, disease, disability, pregnancy or death, or estimating the age of a person or exploring the impact of an act A person in his body, or an indication of the extent of his health fitness for a specific work, return to work, or his need for convalescence, or to refrain from exerting a certain effort, or to indicate the cause of illness, injury, cause of death, or failure of an organ or organ of the human body, or a certificate of complete vaccination of a person with taste Preventively against a specific disease, or if it is free from an infectious disease, or by analyzing a sample taken from a human body for laboratory medical diagnosis ... and so on, whether or not, so the doctor may not write a medical report far from his specialty or contrary to the reality that he reached from During his personal examination of the patient.Medical reports, like any document or evidence, are subject to scrutiny and discussion, because it may be safe from every defect, fulfilling all the required conditions and data, and it may be falsified, false, and tainted by the defect of corruption and invalidity.

Results

Conclusion