DETERMINATION OF THE TYPE OF DEFECT IN THE PHYSICIAN'S CRIMINAL LIABILITY

Criminal law rules are the regulations put forward in order to en- sure that individuals live regularly in the society. Individuals are obliged to show care and attention in their behaviour, not to act inexperienced in their profession and art, and to comply with orders, regulations and instructions. Likewise, physicians, who are one of the indispensable and important subjects in the provision of health services, have to comply with some obligations while performing their profession. In the provi- sion of health services, physicians are criminally responsible for their erroneous medical interventions. As a result of the wrong medical inter- vention to the patient, a result different from the result accepted by the medical science and if the patient suffers from this, if the medical inter- vention performed by the physician also complies with the definition of the crime in the law, the physician commits this crime and receives the punishment that the law has attached to the crime. In the 13th article of the Code of Professional Ethics of Medicine, malpractice is regulated as "Harming a patient due to ignorance, inexperience or indifference, or bad practice of medicine". The inducement of the physician in the medi- cal intervention gains importance in order to be able to talk about the criminal responsibility of the physician due to malpractice. In this study, the moral element, which is the element of determining the motive of the physician, was taken as the basis for the formation of the crime.