Doctors working in the private sector or public institutions perform public duties and are considered public servants in some cases due to the fact that the work done with them involves the public interest. The criminal investigation and trial process of public officials has been subjected to a system with unique shape conditions and unique processes in accordance with the Law No. 4483 on the Trial of Civil Servants and Other Public Officials. However, one aspect that is of great importance in the criminal investigation process for doctors is that there are some differences in the criminal investigation process for doctors working in any Higher Education Institution.
The Criminal Investigation Process for Private Hospital Staff Or Doctors Who Own Private Practice
There is no administrative leave in terms of the criminal responsibilities of doctors working in a private hospital or having their own private practice. In other words, direct C.The issues that are the subject of complaints can be investigated through the prosecutor’s office. In this context, it can be said that plastic surgeons are the most encountered group of physicians in the criminal investigation process for doctors. Because of the limited resources of the state medical interventions by patients for aesthetic purposes, the appointment of the mandatory medical interventions and health personnel to be insufficient to deal with due to processes completely or partially because of the absence of free, private doctors who operate in a hospital or in your own office, it is seen that medical interventions are often preferred aesthetic. As a result, it is possible that private hospital staff or doctors with private practice may face a direct criminal process. But if there is an erroneous medical intervention, the criminal investigation will turn into a criminal prosecution(criminal case).
The Process of Criminal Investigation of Doctors of Public Personnel
Firstly, after determining that doctors are public servants in some cases, it is necessary to determine whether the crime attributed to the doctor(the subject of the investigation) is a crime related to the doctor’s duty. Without these conditions, legal action cannot be initiated against doctors through law No. 4483.
The request for a criminal investigation, which reached the Prosecutor General’s Office through a notification or complaint, is primarily supported by evidence that cannot be destroyed, and the investigation is submitted to the competent administrative authorities for preliminary examination without recourse to any statements of the requested public official. As a result of this preliminary examination, the issue of granting or not granting permission for an investigation will be raised. As a matter of fact, according to the law, in order for public officials to be investigated, the competent administrative authorities (the governor in the provincial and central districts, the prefect in the districts, the ministry for senior public officials) must give permission to investigate.
Exceptional crimes, which allow the Public Prosecutors to open an investigation in person without complaint and permission, are also regulated in the law. These crimes are bribery, embezzlement and red-handed situations that require severe punishment. In these cases, in order for doctors to be subject to investigation, no investigation permission will be requested from the administrative authorities and an investigation will be initiated directly by the prosecutor’s office.
The main purpose of this application is to provide public officials with some immunity from every investigation that can be done and to keep them away from unwarranted investigations that may prevent them from performing their duties. After this procedure is performed, if an investigation permit is granted, a criminal investigation process may be conducted against the doctors.
If permission to investigate is granted, the prosecutor’s office will complete and conclude the necessary investigation. Persons entrusted with duties by the competent authorities at the stage of preliminary examination can take statements of both the doctor who is requested to be investigated, and other doctors or medical personnel, and prepare the necessary documents within the framework of their powers. The competent authority is obliged to make a decision on the permission for such an investigation within thirty days from the moment the crime is found out by the competent authorities. The right to appeal to the Prosecutor General’s Office within ten days is reserved for the person who filed a complaint or notification for the investigation.
The Criminal Investigation Process for Doctors Working in Higher Education Institutions (Faculty Members)
Although the procedure for applying to faculty doctors working in higher education institutions is slightly different, decisions on the investigation are taken by mechanisms established within the institution. The three-person board, which will be formed among the members of the university board of directors at the stage called the first investigation stage, has the decisiveness to decide on the opening of the investigation. The university board of directors consists of deans headed by the rector and three professors who will be elected for four years to represent different teaching units affiliated to the university.
It is seen that at the stage of investigation of doctors, whether they work in public hospitals or work in medical faculty hospitals of universities, as a rule, the opening of an investigation into their rights has been subjected to certain procedures. Without carrying out these procedures, it will not be possible to open an investigation against doctors. The criminal investigation process for doctors in the private sector can be carried out without permission. Whether the result is positive or negative can be determined according to the evidence in each concrete case.
