TÜRKÇE
ENGLISH
Information
| Unit | INSTITUTE OF SOCIAL SCIENCES |
| PUBLIC LAW (MASTER) (WITH THESIS) | |
| Code | KMH714 |
| Name | MEDİCAL CRIMINAL LAW |
| Term | 2026-2027 Academic Year |
| Term | Spring |
| Duration (T+A) | 3-0 (T-A) (17 Week) |
| ECTS | 6 ECTS |
| National Credit | 3 National Credit |
| Teaching Language | Türkçe |
| Level | Belirsiz |
| Type | Normal |
| Mode of study | Yüz Yüze Öğretim |
| Catalog Information Coordinator | Dr. Öğr. Üyesi Mehmet Emre YILDIZ |
| Course Instructor |
The current term course schedule has not been prepared yet.
|
Course Goal / Objective
This lecture aims to specialize in the conditions under which actions performed by healthcare professionals, constituting medical interventions, are considered lawful, as well as the legal justifications that remove the unlawfulness. If an intervention constitutes a crime, it focuses on how concepts like consent, intent, negligence, and causality, which are central in criminal law, are handled in medical law. Topics such as malpractice, indications, complications, euthanasia, and informed consent are also covered. The goal is for students to analyze legislation, judicial decisions, and current practices in light of the general principles of medical law and criminal law, and to develop the knowledge and skills necessary to assess debates on these issues and propose solutions.
Course Content
In the Medical Criminal Law lecture, the general principles of medical criminal law, the evaluation of medical intervention acts in terms of criminal law, the conditions under which medical interventions are lawful, and how issues related to medical law such as malpractice, indications, complications, euthanasia, and informed consent are addressed within criminal law and particularly in criminal theory are discussed. The lecture also covers crimes that may be committed by healthcare professionals (such as intentional murder and injury, manslaughter by negligent behavior, causing death or injury by negligence, sexual assault, crimes involving human experimentation, organ or tissue trafficking, abortion, sterilization or castration, violation of the confidentiality obligation, failure to report a crime by a healthcare professional, etc.), the authorization for investigating and prosecuting healthcare professionals who are public officials, medical expertise, and forensic psychiatry. These topics are examined in the context of the Turkish Penal Code (TCK), the Criminal Procedure Code (CMK), the Medical Ethics Regulations, the European Council's Human Rights and Biomedicine Convention, relevant legislation, and judicial decisions.
Course Precondition
None
Resources
Tıbbi Müdahaleden Doğan Hukuki ve Cezai Sorumluluk, Hasan Tahsin GÖKCAN İstanbul Tıp Hukuku Kitabı, Ed: Muhammed DEMİREL/Rahime ERBAŞ Tıp Hukuku, Hakan HAKERİ Tıp Ceza Hukuku, Hakan HAKERİ Alman Tıp Ceza Hukukuna Giriş, Eric HİLGENDORF Teknolojik Gelişmeler Işığında Tıp Hukuku ve Güncel Sorunlar, Ed: Selin SERT SÜTÇÜ Ceza Hukukunda Akıl Hastalığının Kusur Yeteneğine Etkisi ve Akıl Hastalarına Özgü Güvenlik Tedbirleri, Mehmet Emre YILDIZ
Notes
Turkish supreme court’s decisions
Course Learning Outcomes
| Order | Course Learning Outcomes |
|---|---|
| LO01 | Explains the basic concepts related to medical criminal law in outline. |
| LO02 | Explains the relationship between the situations that justify the lawfulness of acts constituting medical intervention and the concepts of criminal law. |
| LO03 | Lists the conditions for investigation and prosecution of healthcare professionals who are public officials. |
| LO04 | Compares the regulations related to medical criminal law in international documents with turkish national legislation. |
| LO05 | Analyzes the crimes that could arise if a medical intervention is unlawful from a criminal law perspective, as well as other potential crimes that healthcare professionals may commit, along with the elements and specific forms of these crimes as outlined in the Turkish Penal Code (TCK) and other special codes. |
| LO06 | Explains how topics related to medical law, such as malpractice, indication, complications, euthanasia, and informed consent, are addressed in criminal law and particularly in criminal theory. |
| LO07 | Explains the medical expert system, the relationship between medical experts and criminal justice authorities, special cases of medical expertise (such as forensic psychiatry expertise), and the role of medical experts in decision-making. |
| LO08 | Analyzes the relationship between specific areas of medical law, such as aesthetic surgical interventions, telemedicine, defensive medicine, biotechnology, and robotic surgical interventions, and criminal law. |
Relation with Program Learning Outcome
| Order | Type | Program Learning Outcomes | Level |
|---|---|---|---|
| PLO01 | Bilgi - Kuramsal, Olgusal | Based on undergraduate qualifications, the ability to develop and deepen knowledge to an expert level in the same or a different field. | 5 |
| PLO02 | Beceriler - Bilişsel, Uygulamalı | Ability to utilize theoretical and practical knowledge at an expert level in their field. Ability to integrate and interpret knowledge acquired in their field with information from different disciplinary areas, and to create new knowledge. Ability to solve problems encountered in their field using research methods. | 5 |
| PLO03 | Yetkinlikler - Bağımsız Çalışabilme ve Sorumluluk Alabilme Yetkinliği | The ability to independently conduct research requiring expertise in a specific field. | |
| PLO04 | Yetkinlikler - Öğrenme Yetkinliği | The ability to critically evaluate the knowledge and skills acquired at an expert level in their field and to direct their own learning. | 4 |
| PLO05 | Yetkinlikler - Alana Özgü Yetkinlik | the ability to monitor and teach social, scientific, cultural, and ethical values in the stages of data collection, interpretation, application, and dissemination related to their field. | |
| PLO06 | - | he ability to critically examine and develop social relationships and the norms that govern them. | 5 |
Week Plan
| Week | Topic | Preparation | Methods |
|---|---|---|---|
| 1 | Introduction of the program, planning of course content and information on how to prepare seminar studies. | No need | Öğretim Yöntemleri: Anlatım |
| 2 | The general explanations of medical criminal law and the basis of the lawfulness of medical intervention in the general theory of crime. | No need | Öğretim Yöntemleri: Anlatım |
| 3 | The conditions required for a medical intervention to be considered lawful. | No need | Öğretim Yöntemleri: Anlatım, Tartışma |
| 4 | The content of the Council of Europe Convention on Human Rights and Biomedicine and its comparison with turkish national legislation. | No need | Öğretim Yöntemleri: Anlatım, Soru-Cevap, Tartışma |
| 5 | The concepts of indication and complication in terms of the lawfulness of medical intervention. | No need | Öğretim Yöntemleri: Anlatım, Soru-Cevap |
| 6 | The concept of "informed consent" in terms of the lawfulness of medical intervention and how this concept is addressed within the framework of general criminal theory. | No need | Öğretim Yöntemleri: Anlatım, Tartışma |
| 7 | The physician's assistance in the patient's death (Euthanasia), its types, and the consequences in terms of criminal law. | No need | Öğretim Yöntemleri: Anlatım, Tartışma |
| 8 | Mid-Term Exam | No need | Ölçme Yöntemleri: Yazılı Sınav, Ödev |
| 9 | Crimes that can be committed by healthcare professionals: Intentional homicide and injury, and causing death or injury by negligence. | No need | Öğretim Yöntemleri: Anlatım |
| 10 | Crimes that can be committed by healthcare professionals: The crime of experimentation on a human being. | No need | Öğretim Yöntemleri: Anlatım, Tartışma |
| 11 | Crimes that can be committed by healthcare professionals: The crime of organ or tissue trafficking. | No need | Öğretim Yöntemleri: Anlatım |
| 12 | Crimes that can be committed by healthcare professionals: The crime of child abortion, and the crimes of sterilization or castration. | No need | Öğretim Yöntemleri: Anlatım |
| 13 | Crimes that can be committed by healthcare professionals: The crime of violating the confidentiality of private life, and crimes related to medical data (the crime of unlawfully disclosing data, the crime of violating the obligation of confidentiality). | No need | Öğretim Yöntemleri: Anlatım |
| 14 | Crimes related to the provision of medical services: Bribery, extortion, forgery of official documents, fraud, misconduct of office, and the crime of a healthcare professional failing to report a crime. | No need | Öğretim Yöntemleri: Anlatım, Tartışma |
| 15 | The authorization for investigation and prosecution of public official healthcare professionals, medical expert witness, and forensic psychiatry. | No need | Öğretim Yöntemleri: Anlatım |
| 16 | Term Exams | No need | Ölçme Yöntemleri: Yazılı Sınav, Ödev |
| 17 | Term Exams | No need | Ölçme Yöntemleri: Yazılı Sınav, Ödev |
Student Workload - ECTS
| Works | Number | Time (Hour) | Workload (Hour) |
|---|---|---|---|
| Course Related Works | |||
| Class Time (Exam weeks are excluded) | 14 | 3 | 42 |
| Out of Class Study (Preliminary Work, Practice) | 3 | 3 | 9 |
| Assesment Related Works | |||
| Homeworks, Projects, Others | 6 | 6 | 36 |
| Mid-term Exams (Written, Oral, etc.) | 6 | 6 | 36 |
| Final Exam | 6 | 6 | 36 |
| Total Workload (Hour) | 159 | ||
| Total Workload / 25 (h) | 6,36 | ||
| ECTS | 6 ECTS | ||