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The Evaluation of the Violence to Health Professionals According to the Criminal Law

The Evaluation of the Violence to Health Professionals According to the Criminal Law. VIOLENCE Phsical-Verbal-Pscyhological-Sexual-Economical. A concept which is increasing in every field Producing a solution with violence and vulgar power

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The Evaluation of the Violence to Health Professionals According to the Criminal Law

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  1. The Evaluation of the Violence to Health Professionals According to the Criminal Law

  2. VIOLENCE • Phsical-Verbal-Pscyhological-Sexual-Economical

  3. A concept which is increasing in every field • Producing a solution with violence and vulgar power • Reacting to a crime,unfair situation or a natural event with violence • Due to physical conditions,the ignorance of the relatives of the patients about law,security and the weakness of thejudgement ; the potential victim: Health Professionals….

  4. REASONS • The scarcity of the trust in law-The late resulting in judgement-The decrease in the efficiency of the criminal law-Creating a hidden effect of forgiveness by the frequent changes in law and the law of forgiveness

  5. The unwilling of the third people about helping and their fear of being a witness • Not knowing that the doctor has no obligation to cure/ EXPECTING A EXACT CURE!!!

  6. The need of finding someone responsible for the result or the event,and the need of psychological relaxation by showing the anger to the nearest doctor who is the weakest in the defensive way instead of dealing with the Institute which is thought not providing enough conditions….

  7. m • Economical problems • The difficulties in finding blood,medicine etc. for the patient; asking the patient’s relative to bring medicine etc.in very short periods, • The will of taking the revenge of the patient’s situation and directing this violence to the health professionals by the reflecting model

  8. Need of questioning the technical scarcities,traffic jam(especially about the ambulance services),the scarcity of the working people, • The need of showing a reaction to the State-Governmental organisation • The expression of the poverity in every way

  9. .The serious lack of knowledge,the difficulties in the administration of the hospitals about where to go,who to go,the majority of the burocratic procedures,how and where to pay the expenses,and the tendency of accusing the health professional as a reaction to this lack of knowledge

  10. The Major Three Reasons of Violence • 1)The death of the patient • 2)Making harsh warnings to the patient’s relatives who want to visit,bring food,go to the patient’s room with large groups,and not making a proper explanation • 3)Not reaching the doctor or the nurse immediately(with fair or unfair reasons)

  11. The Behaviours of Violence Towards the Health Professionals • Killing someone on purpose (TCK nr.81) -If it happens by a state duty,it increases the punishment (TCK nr.81/1-g) .Hurting someone on purpose (TCK nr.86) -Çoğunlukla re’sen kovuşturulan suç???? -If the person who works for the state uses his/her power with the wrong purpose,it increases the punishment (TCK nr.86/3-d)

  12. Threatening a)Only threatening (TCK nr.106) b)The crime of threatening with certain tools or in a certain way makes the punishment more c)There can’t be given any punishment to a health professional who is threatened to make a crime (for example making done something which should not be done,making wrong papersdone,stopping the cure of someone)

  13. Blackmail (TCK nr.107) • Compulsion (TCK nr.108) The crime of stopping the freedom of duty and work (TCK nr.117) .Insulting (TCK nr.125) .Torture”and Vexation (TCK nr.94-96)---If the health professional who is a victim works for the state,the punishment will be more .Damaging the building,windows,doors and instruments of the hospital (TCK nr.152)

  14. The person who does the crime works for the state…..(Private Law nr.4483) • In the crime of sexual abuse, using the power of the high status on the lower one increases the punishment (TCK nr.105/2)

  15. Possibilities of Preventing or Stopping the Continuing Violence In a Concrete Case • Self defence (TCK nr.25) • Self defence for the sake of a third person(TCK nr.25) • Expanding the boundaries in fair defence -Expanding by fault:a big decrease in punishment (TCK nr.27/1) -Expanding by a understandable fear,excitement or worry (TCK nr. 27/2)

  16. The intervention and the negligence of the security people • The obligation of the third people about helping the hurt one or the one who isin trouble (TCK nr.98)

  17. CRIMINAL PROCEDURE LAW POSSIBILITIES - RIGHTS • VICTIM OF A CRIME AND COMPLAINANT ‘HEALTH PROFESSIONAL’ IS HAVE TO BE INFORMED ABOUT THE RIGHTS WHICH IS RELATED TO THEM. (CMK nr.233-236) For example: summons – to claim gathering of evidence – to ask document template from public prosecutor – to demand attorney from bar in the stage of criminal investigation and criminal prosecution – to ask for examining the confiscate goods and the goods which is the subject of a criminal prosecution – appeal of nolle prosequi – to inform the day of hearing – to join a lawsuit – to demand the minutes of the proceedings and document template – to demand the calling of witness – to appeal – victim of a crime and complainant ‘health professional’ is have to be informed about the rights and take down on record.

  18. COMPLAINT : It has specific terms and time limit and applying specific authorities (particularly, public prosecuter and police) • DENUNCIATION : It has specific features (particularly, public prosecutor and police) CMK nr.158 • If a citizen (tck nr.278) and a public official (tck nr.279) and health professional (tck nr.280) become a witness of an event, they have a liability to report the offence. • If a public official become a witness of an event, he has a liability to interfere. If he doesn’t interfere, he commits a crime (tck nr.257) • Appeal of nolle prosequi (CMK 173 and 234/5) • Applying chief prosecutor against nolle prosequi. • Actio personalis removed from the Code of Turkish Criminal Procedure.

  19. Advance payment (tck nr.75) and the possibility of appealing of nolle prosequi (CMK nr.173) • Claim of personal defence (PVSK) • Third parties must take the stand. It is a statutory obligation. (CMK nr.43) • The witness ‘health professional’ can be heared by judge. • Execution of the code of witness protection. (The circumstances of organized crime) • The possibility of making examination of a witness with secret and technical devices (CMK nr.52 and 180/5) • Refusal to testify of health professional (CMK m.46/1-b)

  20. The Possibilities of Applicable Sanction to Perpetrator - The withdrawal of a complaint (CMK m.158) - Conciliation (CMK m.253 and tck m.75/1) and the appeal of nolle prosequi regarding conciliation. - The judicial discretion of public prosecutor to sue actio criminalis (cmk m.171/1) : a) Repentance and b) Personal unpunished reason (???) c) Removing of appeal from the code is not correct. d) Appeal of nolle prosequi to chief-prosecutor

  21. Continuance of Criminal Case. You can appeal against this sentence. • Continuance of the court’s resolution. (cmk nr.231) You can appeal against court’s sentence. • Continuance of execution of punishment (tck nr.51) • Execution of other penalty or measures instead of short term prison sentence.

  22. Liabilities related to the prevention of violence by the community and other legal possibilities • In the stage of indictment (to dismiss an information / acceptance) notifying the victim of indictment and learning the victim’s declaration • Victim/Complainant may provide liberty to appeal the resolution of indictment’s rejection. • Encouragement of witness – Betterment of witness’ compensation – Witness Protection Possibilities – Development of alternatives (CMK nr.61) • To hear witness, to application correctly of cross-examination and direct-examination, the witness and expert-witness of the health professional can be heart by the court (CMK nr.178-180, 201 and 216)

  23. To increase the devices of recording sound, camera and video in open-use area. (For example, MOBESE) • To control entering premises (x-ray devices) • (Law No.5188) to benefit the resolution of the code related to Private Security Service • To make propaganda in the press against the violence related to health professional • Avoiding political declaration related to health professionals. • Providing to activate of criminal law

  24. Execution of discipline sanctions related to violation made by health professional • Not to expect superhuman effort from health professionals. • To make judicial system conscious. • Health professionals have to be notified about legal problems.

  25. Complaint is not sufficient. It has to be sued for damages and applied for disciplinary investigation.

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