Doctors working in the private sector or public institutions perform public duties and in some cases are considered public servants because 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 form requirements 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 a Private Practice
There is no administrative leave in terms of the criminal responsibilities of doctors who work in a private hospital or open their own practice. So directly C. The issues that are the subject of the complaint 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 from the point of view of doctors.
Due to the limited resources allocated by the state to medical interventions performed by patients for aesthetic purposes, the appointment of mandatory medical interventions, and the fact that medical personnel are fully or partially involved in the procedures, it seems that medical interventions for aesthetic purposes are often preferred due to the lack of free, private doctors operating in the hospital or in their own office. As a result, doctors with private hospital staff or practice may be directly facing criminal proceedings. However, if a faulty medical intervention is involved, the criminal investigation will turn into a criminal prosecution(criminal case).
The Criminal Investigation Process of Public Personnel Physicians
Firstly, after determining that doctors are public servants in some cases, it is necessary to determine whether the crime attributed to the doctor who is the subject of the investigation is a crime related to his medical duty. Legal proceedings cannot be initiated against doctors within the scope of law No. 4483 without these conditions being met.
A criminal investigation request that reaches the Prosecutor General’s Office through a notification or complaint is supported primarily by evidence that cannot be destroyed, and the investigation is submitted to the competent administrative authorities for preliminary examination without resorting to the statements of the requested public official. As a result of this preliminary examination, the issue of whether or not an investigation permit should be granted comes to the agenda. As a matter of fact, according to the law, in order for an investigation to be conducted against public officials, the competent administrative authorities (the governor in provincial and central districts, the district governor in districts, the ministry of senior public servants) must grant an investigation permit.
Exceptional crimes, which allow public prosecutors to open an investigation in person without complaints and permission, are also regulated in the law. These crimes are bribery, embezzlement and red-handed cases that require severe punishment. In these cases, administrative authorities will not be asked for permission to investigate in order for doctors to be subjected to an investigation, and an investigation will be initiated directly by the prosecutor’s office.
The main purpose of this application is to provide some exemption to public officials from any kind of investigation that may be conducted and to keep them away from unfair investigations that may prevent them from performing their duties. After this procedure is performed, if an investigation permit is granted, a criminal investigation process can be conducted against doctors.
If an investigation permit is granted, the prosecutor’s office completes and concludes the necessary investigation. Persons assigned by the competent authorities at the preliminary examination stage may take the statements of the physician and other physicians or medical personnel requested to be investigated and prepare the necessary documents within the framework of their authority. The competent authority is obliged to decide on an investigation permit within thirty days from the date on which the crime was learned by the competent authorities. Person who files a complaint or submits a notification for investigation reserves the right to appeal to the Prosecutor General’s Office within ten days.
The Criminal Investigation Process against Physicians (Faculty Members) Working in Higher Education Institutions
Although the application procedure is slightly different for faculty members working in higher education institutions, decisions regarding the investigation are made 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 authority to Decertify the opening of the investigation. The board of directors of the university consists of deans headed by the rector and three professors who will be elected for a four-year term to represent the different teaching units affiliated to the university.
It is observed that during the investigation stage of physicians working in public hospitals or working in medical faculty hospitals of universities, as a rule, the opening of an investigation regarding their rights is subject to certain procedures. It will not be possible to open an investigation against doctors without performing these procedures. For physicians in the private sector, the criminal investigation process may be carried out without permission. Whether the result is positive or negative can be determined according to the evidence in each concrete event.