Medical Crimes Research Articles

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

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 Most of the sources are textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area.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.

The relationship between criminal and medical law in the era of cybernetic civilization

The article offers for consideration separate results of comprehensive scientific research on the relationship between criminal and medical law in the era of cybernetic civilization. Attention is focused on the issue of prospects for the formation of elements of artificial intelligence in the medical field with extrapolation and judicial proceedings regarding the criminal responsibility of medical workers. Attention is also drawn to the so-called "criminal medical cases". In the theory of criminal law, criminology and criminology, such a concept as "cases concerning professional medical offenses" is also used in relation to criminal medical cases, in the sense of intentional or negligent acts committed by medical workers in the performance of their professional duties, prohibited by criminal law under the threat of punishment . Analyzing the general issues of responsibility of medical workers for professional criminal offenses, it is proposed to consider them in two aspects of manifestation: professional medical crimes; official medical crimes. Criminal acts of medical workers, for which they are held criminally liable on general grounds, are proposed to be separated separately from the composition of medical crimes. It is shown that today one of the means of systematic resolution of legal conflicts in jurisprudence is the possibilities of achievements in the field of informatics, cybernetics for the proper management of human behavior with the use of electronic communication technologies, which is the essence of the era of cyber civilization, cybernetic society, in particular, in what determines the essence of industry artificial intelligence systems.For the qualitative creation of branch systems of artificial intelligence, legal science faces the task of properly setting tasks for the developers of such systems, taking into account the relevant regulatory and legal array, its incorporation and consolidation, including at the conceptual level. In terms of prospects for further research, it is proposed to pay attention to the problems of systemic improvement of the medical sphere of society, including for the qualitative implementation of the achievements of informatics and cybernetics, in particular through the formation of artificial intelligence. In this regard, legal science should create an appropriate array of structured, interrelated knowledge at the interdisciplinary level under the conventional name of medical and legal informatics.

AI ASSISTANCE FOR HEALTHCARE USING NLP

Artificial Intelligence (AI) integration into healthcare has the potential to transform patient care, diagnostics, and treatment. This paper provides a detailed overview of AI support in healthcare, focusing on the intersection of (NLP) Natural Language Processing, (ML) Machine Learning, and (DS) Data Science. By employing the power of these slice- edge technologies, AI can offer intelligent, data- driven results to ameliorate healthcare delivery. Natural Language Processing( NLP) is employed to prize precious perceptivity from medical textbooks, clinical notes, and case records. This enables healthcare providers to more understand patient histories and make informed opinions. Machine literacy ways are abused to prognosticate complaint issues, identify anomalies, and epitomize treatment plans. also, data wisdom plays a vital part in aggregating and analysing large healthcare datasets, icing data security, and maintaining compliance with nonsupervisory norms. The paper explores colorful AI operations in healthcare, similar as automated opinion and triage, medical image analysis, medicine discovery, and patient monitoring. These operations have the eventuality to enhance clinical decision- timber, reduce medical crimes, and ameliorate patientoutcomes.AI backing in healthcare isn't without its challenges, including data sequestration enterprises, the need for robust model interpretability, and ethical considerations. The paper discusses these issues and presents strategies to address them. In conclusion, the integration of AI, NLP, Machine literacy, and Data Science in healthcare has the implicit to marshal in a new period of perfection drug and case- centred care. Then we used SVM Algorithm for training the data set and the delicacy position is 97 percent. This technology confluence is poised to revise healthcare by perfecting opinion delicacy, treatment efficacy-ity, and patient issues while icing data security and ethical use.

Novelization of the provisions of the criminal legislation of Ukraine, which provide for liability for medical crimes and misdemeanors: issues of interpretation and enforcement

The problems of criminal law protection of life and health of a person in the field of medical care attract the special attention of scientists, because it is about the most valuable constitutional rights and freedoms of a person. At the same time, the results of the analysis of criminal statistics regarding registered medical crimes and misdemeanours, their further pretrial investigation and trial, give grounds for serious concern. The reasons for the negative investigative and judicial practice may be the shortcomings of the legal construction of the norms, numerous changes made to the Criminal Code, as well as the high latency of medical offenses. Therefore, the purpose of this article is a comprehensive study of the amendment of the criminal legislation of Ukraine, which provides for responsibility for medical offenses, identifying the shortcomings and advantages of such legislative decisions, as well as formulating separate recommendations for the enforcement of the norms of the Criminal Code. The following research methods were used to achieve the specified goals. The dialectical method of cognition made it possible to establish the norms of the Criminal Code of Ukraine, which provide for responsibility for medical offenses and to reveal the problems of their enforcement. The historical method made it possible to identify all normative acts that amended the norms of the Criminal Code, which provide for liability for medical offenses. The dogmatic method made it possible to clarify the true content of such concepts as "order of application of transplantation", "activity connected with transplantation", " substantial harm to the victim's health", etc. The systemic-structural method was used to analyse such evaluative concepts as "damage to the victim's health", " substantial damage to the victim's health", "severe consequences", etc., which are used in many provisions of the Criminal Code and are interpreted in different ways in judicial practice. The comparative legal method was used to compare the regulatory national legislation of Ukraine in the field of medical care and the relevant norms of the Criminal Code of Ukraine. The conducted research gave grounds for the conclusion that socially dangerous consequences in the form of "substantial harm to the victim's health", which are provided for in Part 1 of Art. 143 of the Criminal Code, cover the infliction of light physical injuries on the victim that caused a short-term health disorder or minor loss of working capacity, moderate physical injuries, severe physical injuries, as well as infection with the human immunodeficiency virus or other incurable infectious disease. At the same time, negligently causing the death of a recipient during an illegal transplantation requires additional qualification under a set of criminal offenses. The revealed cases of arbitrary and sometimes unsystematic use of different evaluation concepts of harm to human health in the norms of the Special Part of the Criminal Code point to the urgent need for unification in the criminal legislation of Ukraine, both the concept of "harm to health" and the normative consolidation of its types.

The Hamas massacre of Oct 7, 2023, and its aftermath, medical crimes, and the Lancet commission report on medicine, Nazism, and the Holocaust

BackgroundThe report of the Lancet Commission on medicine, Nazism, and the Holocaust, released in November 2023, calls for this history to be required for all health professions education, to foster morally courageous health professionals who speak up when necessary.Main bodyThe report was released a month after Hamas’ October 7 invasion of Israel, with the accompanying massacre of over 1200 people, taking of civilian hostages, and gender-based violence. These acts constitute crimes against humanity including genocide. Post-October 7, war in Gaza resulted, with a legitimate objective of Israel defending itself within international law. The authors discuss an accompanying Statement to the report condemning Hamas crimes and denouncing the perpetrators’ use of their own civilians as human shields, including in healthcare facilities, and with the Hamas attack unleashing immense and ongoing suffering in Israel and beyond. With some exceptions, the medical literature shows a marked absence of condemnation of Hamas atrocities and includes unsubstantiated criticisms of Israel’s military. A significant surge in global antisemitism including on university campuses since October 7, 2023, has occurred; and health professionals, according to the Commission, have a special responsibility to fight antisemitism and discrimination of all kinds. In this context, the authors discuss the controversy and criticism regarding diversity, equity, and inclusion education programs (“DEI”) including such programs failing to protect Jews on campuses, especially as the U.S. President Biden’s “The U.S. National Strategy to Counter Antisemitism,” released in May 2023, calls for the inclusion of issues of antisemitism and religious discrimination within all DEI education programs. The authors support an evidence-based approach to the Hamas massacre, its aftermath and its relevance to health professionals both within medicine and their global citizenship, including refuting the international community accusations and anti-Israel libel.ConclusionsThe report of the Lancet Commission on medicine, Nazism, and the Holocaust has striking relevance to the Hamas massacre of October 7, 2023 and its aftermath. This is further conveyed in an accompanying Statement, that describes the report’s implications for contemporary medicine, including: 1) provision of skills required to detect and prevent crimes against humanity and genocide; (2) care for victims of atrocities; (3) upholding the healing ethos central to the practice of medicine; and (4) fostering history-informed morally courageous health professionals who speak up when necessary.

The Main Contents and Value assess-ment of the Unit 731 Archives Pre-served by the National Archives of Japan

In recent years, huge progress has been made in research on Japanese bacteriological warfare. At present, major sources for scholars to make research mainly come from governmental agencies in China, civil societies in Japan as well as archives, libraries, and museums at central and provincial levels. Based on these documentations, scholars have made accordingly research and historical comments concerning Japanese bacteriological warfare, and medical crimes, hence accomplishing a great number of academic works. However, as current historical documents have been exhausted, works of concerned scholars have demonstrated convergent inclination. The excavation of documentation related to Unit 731 preserved in governmental agencies in Japan, such as the National Archives of Japan and the National Institute for Defense Studies has provided new ideas, clues, and directions for literature surveys and statistics and investigations into basic historical facts of research into Japanese bacteriological warfare.

History of Eugenics in Otorhinolaryngology: Ernst Rüdin and the International Eugenics Network.

Introduction The early geneticist and psychiatrist Ernst Rüdin (1874-1952) became one of the key figures in the eugenics movement and in the German health system of the Nazi era. His connections in the international eugenics network have played an important role in the history of eugenics. Objective To discuss the connections between Ernst Rüdin's scientific group in Munich and Otmar von Verschuer's group in Frankfurt during the Nazi era. Methods Otorhinolaryngological materials from Ernst Rüdin's former private library are presented, and they show Rüdin's deep involvement in the international eugenics network. These materials provide insights into early medical genetics in otorhinolaryngology. Results One result of the present study is that eugenics groups from Munich, Frankfurt, and New York certainly influenced one another in the field of otorhinolaryngology. Karlheinz Idelberger and Josef Mengele were two scientists who performed hereditary research on orofacial clefts. Later, Mengele became deeply involved in Nazi medical crimes. His former work on orofacial clefts clearly had, to some extent, an influence on subsequent studies. Conclusion An international eugenics network already existed before 1933. However, it becomes clear that the weaknesses of many early genetic studies did not enable its authors to draw firm scientific conclusions, suggesting that scientists lacked an accurate concept of the genetic causes of most illnesses.

Settlement of Medical Crimes by the Medical Committee and Medical Audit

In the context of a medical audit, the medical committee functions to prevent possible negligence in specific medical procedures. This function is generally performed when a case is considered difficult, an unnatural death or other exciting cases are found. This study aims to explain the role of medical committees and medical audits and the part of medical audits in resolving medical crimes. The method used in this study is a normative juridical method with a statutory and conceptual approach. This study shows that the medical committee is tasked with monitoring and evaluating the quality of medical services by implementing medical audits. Meanwhile, the role of medical audit in resolving medical crimes is as a guide to ensure that every action, procedure, mechanism and decision taken in medical treatment is by established standards and quality. In conclusion, the findings highlight the critical role of medical audits in ensuring the quality of medical services, preventing medical crimes, promoting accountability, and supporting due process. Emphasizing the importance of medical audits can lead to better patient care, increased trust in the healthcare system, and continuous improvement in the medical field.

Responsibility in the Field of Providing Medical Services: The Experience of Slovakia

The purpose of the article is to identify the positive experience of Slovakia in the field of legal liability of medical workers, which has been successful in practice and therefore worth following, both in Ukraine and in other states. To achieve this purpose, general and special scientific research methods were used, in particular dialectical, historical-legal, systematic, and comparative legal methods. The legal regulation of liability for the provision of medical services constantly generates debate in scientific circles and in practical implementation. The legislation of Ukraine does not regulate concepts such as medical mistakes and medical crimes. The lack of regulatory criteria for medical mistakes and crimes, the difficulty in determining the cause and effect relationship, as well as the need for professional supervision in the provision of medical services, encourages the study of foreign experience, mainly the experience of the European Union Member States in this field.

The ideological roots of Nazi eugenics in pathology and its pioneers Martin Staemmler, Ludwig Aschoff, Robert Rössle, and Georg B. Gruber.

This study examines the ideological roots of Nazi eugenics and racial hygiene in the medical field of pathology and its key figures Martin Staemmler (1890-1974), Ludwig Aschoff (1886-1942), Robert Rössle (1876-1956), and Georg B. Gruber (1884-1977). The focus is on their specific approaches to racial hygiene and its legitimization by pathology and its representatives. The study is based primarily on the scientific works and statements of these four pathologists on the content of racial hygiene and the impact of these contributions on Nazi eugenics and its practical implementation in the Third Reich. The paper provides three key findings: (1) Staemmler, Aschoff, Rössle, and Gruber each had a significant impact on the implementation of Nazi eugenics and the legitimization of the Third Reich's health and population policies. (2) They all proclaimed the superiority of the Volksgemeinschaft ('people's community') over the individual and pursued the major objective of ensuring Volksgesundheit ('national health') by preventing the spread of hereditary diseases through sterilizations. (3) The specific relationship to racial hygiene was different for each of the four pathologists: Staemmler had a direct vision of racial hygiene in a national socialist context, Aschoff was committed to the subject long before 1933 and used the Nazi rise to power to reaffirm and expand his position, Rössle and Gruber adopted racial hygiene ideas not until the mid-1930s, but later radicalized their views and lent additional legitimacy to Nazi eugenics in theory and practice. (4) Albeit to varying degrees, all four pathologists bear some responsibility for the medical crimes that resulted from Nazi eugenics and the related policies. It can be concluded that Staemmler, Aschoff, Rössle, and Gruber made considerable contributions to the theory of Nazi eugenics and provided the much-needed scientific legitimization for the Third Reich's health and population policies.

Ethicizing history. Bioethical representations of Nazi medicine.

The article presents and analyzes different approaches of U.S. bioethicists in comprehending the Nazi medical crimes after 1945. The account is divided into two sections: one dealing with discussions on research ethics and the Nuremberg Code up until the 1970s and the other ranging from the 1970s to the present and highlighting bioethics' engagement with Nazi analogies. The portrayal of different bioethical scholars, institutions, and documents-most notably Henry K. Beecher, Jay Katz, the Belmont Report, the Hastings Center, Arthur L. Caplan, and Robert M. Veatch-provides a nuanced interpretation of the motives that bioethicists held and the strategies that they applied to establish an understanding of the Nazi medical crimes and their relation to contemporary bioethical issues. In this, the different approaches shared a common goal: To integrate the Nazi medical crimes into an ethical framework by means of selective acknowledgments and representation of their history.

The Role of the Medical Committee and Medical Audit in Completion of Medical Crimes

In the context of a medical audit, the medical committee functions to prevent possible negligence in certain medical procedures. This function is generally carried out when a case is found that is considered difficult, an unnatural death, or other interesting cases. Even so, there are still various medical disputes that are difficult to resolve regardless of the implementation of medical audits as a quality control tool and medical service standards in hospitals. The purpose of this study is to deepen understanding of (1) the role of medical committees and medical audits; and (2) the role of medical audit in solving medical crimes. The method used in this study is a normative juridical method with a statutory and conceptual approach. From this study it was found that the medical committee is in charge of monitoring and evaluating the quality of medical services through the implementation of medical audits. Meanwhile, the role of a medical audit in resolving medical crimes is as a guide to ensure that every action, procedure, mechanism and decision made in medical treatment goes according to the standards and quality specified. Keywords: Medical Audit, Medical Committee, Medical Crime Completion

Urgensi Payung Hukum Tindak Pidana Medis dalam Upaya Penyelesaian Sengketa Medis

The development of health services and the demands of the community have an impact on changing the need for competence in primary health services which is one of the responsibilities of doctors. The emergence of various cases involving patients with doctors in the legal realm then creates problems because it is very difficult to distinguish which is malpractice and which is negligence, accident, or failure by health workers. Until now, Indonesia does not yet have a nationally applicable medical professional standard. The absence of medical professional standards is detrimental to the medical profession and society because professional standards for doctors can be used as a tool to defend themselves for their medical actions, especially if medical practice harms patients. This paper aims to analyze the importance of the presence of medical-legal protection as a guarantee of the protection of human rights for the community and medical personnel, especially doctors. The normative research method uses a conceptual approach, a case approach, and a statutory approach. Many laws and regulations regulate malpractice but are unable to explain in detail the medical crime itself. So that a special law should be formed that explicitly regulates medical crimes so that the rules do not overlap and the resolution of medical cases can be resolved quickly and accurately.

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This article provides criminological characteristics of iatrogenic crime, identifies the main determinants of crimes committed by medical professionals. As a result of studying the materials of law enforcement practice, as well as conducted sociological surveys, a number of criminological indicators of crimes committed by medical workers are revealed, among which, in particular, a geographical indicator indicating that iatrogenic crime is most common in remote regions of the Republic of Armenia. According to respondents, professional incompetence is often the basis for the commission of crimes by medical workers, as a result of a low level of education. It is concluded that there are insufficient qualifications of medical workers and a shortage of medical personnel, which together negatively affects the state of the healthcare system as a whole and the quality of medical care. Based on the analysis of the judicial practice of the Republic of Armenia on medical crimes, the main problems in the field of healthcare in the criminal-legal and criminological context are identified and recommendations for the prevention of iatrogenic crimes are made. Among the recommendations presented, an important place is occupied by the introduction of a supportive monitoring system, as well as the implementation of measures aimed at improving the legal literacy of medical workers and advanced training courses.

Impact of the medical care act amendment on the medical malpractice litigation in Taiwan.

Medical malpractice leads to medical criminal liability and claims. The national data of medical criminal liabilities across various specializations, before and after the Medical Care Act amendment, was lacking in Taiwan. The aim of this study is to clarify the impact of the law amendment. A comprehensive retrospective analysis of medical crimes was conducted from January 2001 to December 2020 in Taiwan. The number of medical criminal litigation, defendants, people who plead guilty, conviction rate, and punishment sentences were analyzed. Additionally, the number of practicing physicians in the year was used as the baseline to determine the rate of the accused and guilty rate per 10,000 physician-years, respectively. From 2001 to 2020, there were 249 criminal litigations of medical professionals, which gave rise to 335 defendants. The proportion of defendants by specialization was 19.1% in internal medicine, 26.3% in surgery and orthopedics, 11.9% in obstetrics and gynecology, 3.3% in pediatrics, 25.7% in physicians (who were not related to the aforementioned 4 specializations), and 13.7% in non-physician staff. After the amendment to the Medical Care Act in 2017, the accused rates per 10,000 physician-years decreased significantly in aggregate and by specialization between 2016 and 2020; the guilty rate per 10,000 physician-years during 2016 to 2020 was the minimum, compared to the past. The amendment to the Medical Care Act in 2017 reduced the number of vexatious criminal proceedings. The amendment also reduced criminal liabilities by reducing the guilty rate during 2016 to 2020, compared to the previous period.

Problems of investigation of medical crimes in Ukraine

In the article, the authors identified the main reasons for the low level of investigation of medical crimes in Ukraine based on the analysis of 78 criminal cases of medical malpractice considered by courts since 2013, the study of statistical information, scientific literature on the problems of investigating medical crimes, national legislation. It was concluded there are significant problems with the investigation of medical crimes in Ukraine. Less than one percent of the number of initiated criminal cases is sent to court. Most of the cases sent to court end with a guilty verdict, however, medical workers are released from real deprivation or restriction of freedom for various reasons. According to the specialties of medical workers, the most criminogenic are obstetrics and gynecology, surgery, anesthesiology, and emergency care for injuries and internal diseases. Methods of committing medical crimes are associated with using incorrect methods of providing medical care and with the untimely or incorrect diagnosis of the disease. The problems of investigating medical crimes in Ukraine are due to a number of reasons, including the closeness of the results of the post-mortem examination of the corpse to relatives of the deceased, the lack of independent forensic medical examination institutions in Ukraine, and gaps in the legal regulation of the protection of medical records from unauthorized access. This greatly complicates the establishment of a causal relationship between the actions or inaction of medical workers and the negative consequences that have occurred.

Nazi, collaborator or opponent? The role of the pathologist Robert Rössle in the Third Reich

For many, Robert Rössle is one of the most important pathologists of the first half of the 20th century. His research in the fields of inflammation, constitution, growth and age, and immunity gave him the status of a pioneer. Because he was not a nominal member of the Nazi Party (NSDAP), Rössle did not have to undergo denazification proceedings and was able to continue his academic career seamlessly after 1945. Only recently, the question of Rössle’s actual role in the Third Reich has been raised – in connection with a possible renaming of the Robert-Rössle-Straße in Berlin. Our paper takes this issue as an opportunity to critically examine Rössle’s involvement in National Socialism. For this study, all available literature and extensive primary material on Rössle from various archives was reviewed and evaluated with regard to the question posed. The investigations show that Rössle held a number of offices in the administrative apparatus of the Nazi state even though not being a party member. They gave him access to high-ranking representatives and most likely also knowledge about medical crimes. Rössle researched and published on hereditary biology and racial hygiene issues, thus supporting the ideology of the Nazi State. Robert Rössle must be regarded as an early proponent of racial hygiene, political collaborator and profiteer of the Third Reich. However, it remains unclear whether he was directly involved in human experiments. There is no evidence that he critically distanced himself from his role in the Third Reich after 1945.

Study the Types of Medical Crimes and Medical Infractions in the Penal Code of Afghanistan

Doctors are regarded as lifesavers in the world. Earlier, people who practiced medicine used to be precise in their treatment and more concerned with curing patients, it was considered as a service to humanity. However, currently, the profession has evolved into a money-making enterprise rather than a noble work. This has devolved into misuse of a noble deed. One of the ways to make money is medical crimes and medical infractions. So one of the most important issues discussed in today's law is the Medical Crimes and Medical Infractions. All countries have complete laws on prosecuting delinquent doctors. Afghanistan's legal system has incomplete laws regarding medical crimes and infractions. Unfortunately, no research has been done in this field in Afghan law. This is the first research that discusses medical crimes and medical infractions in the Afghan penal code. The penal code of Afghanistan is incompletely criminalized medical crimes and has not criminalized medical infractions. Therefore, it is necessary that the Afghan penal code should criminalize and recognize the medical infractions. This research wants to provide a legal solution to compensate the physical damage and mental damage of the patient, explaining the difference between medical infractions and medical crimes, study the challenges of the Afghan penal code regarding the criminalization of medical infractions cases and providing a suitable solution to prevent medical infractions and crimes in the Afghan society. Overall, there is a need for a fair and effective method to monitor and punish physician misconduct that will be conductive to the honest delivery of quality health care.

The subject of medical crimes. New facets

The subject of medical crimes. New facets

Legal Issues Regarding Individuals Subject to Liability for Medical Crimes

Legal Issues Regarding Individuals Subject to Liability for Medical Crimes