Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: Aslı Ekin YILMAZ

Konular:Hukuk

Anahtar Kelimeler:Failure to report,Medical personnel,Professional secrecy

Özet: Crime of medical personnel’s failure to report the crime is regulated under the Article 280 of the Turkish Penal Code. This provision mainly aims to reach the public interest arising from punishing criminals by ensuring any medical personnel to notify authorities, when they encounter an indication of a crime while providing health care service. In order to understand the legal nature of this obligation, it was coherently explained, that the connection between the obligation to notify and the right to privacy along with the professional secrecy and the exemption from testifying as its protection mechanisms. An evaluation of medical personnel’s obligation to notify, in terms of the principle of proportionality, was presented in order to provide a basis for proposing amendments to the current provision.

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