非正規醫療詐欺案：非法執行醫療業務及詐欺犯罪之被害繼承人賠償請求權探討【學習式判解評析】 試閱
Unconventional Medical Fraud: A Study on the Right of Heirs to Claim Compensation for Crimes of Illegal Medical Practice and Fraud
不具醫師資格之人基於治療、矯正或預防人體疾病、傷害、殘缺之主觀目的而對他人施以診察、診斷、治療、處方、用藥、施術或處置等客觀行為，除法定不違法情形外，即成立非法執行醫療業務罪；藉以為詐欺取財手段，病人嗣因病離世，被害繼承人得提起刑事附帶民事訴訟，主張繼承取得之財產上損害賠償請求權及自己身分法益受侵害之非財產上損害賠償請求權，前者有刑事判決認定之犯罪事實為據，後者則應證明權利成立要件及因果關係存在。若經法院認為附民訴訟不合起訴要件，原告亦得聲請或於案件業經刑事庭裁定移送至民事庭時，以補繳裁判費補正起訴程式之欠缺；但對於刑事訴訟第二審程序起訴之判決結果，即受上訴第三審之上訴利益限制。
Any person without a medical license who, with the subjective intent to treat, correct, or prevent human diseases, injuries, or disabilities, engages in objective acts such as examining, diagnosing, treating, prescribing, administering medication, performing medical procedures, or providing medical care to others—except in cases where such acts are not unlawful by law—is guilty of the crime of unlawfully practicing medicine. If such acts are used as a means of fraud to obtain money, and the patient subsequently dies as a result of the illness, the victim’s heirs may file a civil action ancillary to the criminal proceedings to claim pecuniary damages for property loss acquired through inheritance and non-pecuniary damages for the infringement of their personal rights. The former is based on the facts of the crime as established by the criminal judgment, while the latter requires proof of the elements of the right and the existence of causation. If the court finds that the civil action does not meet the requirements, the plaintiff may file a motion or, if the case has already been transferred to the civil division by order of the criminal division, pay the court fees to remedy the procedural deficiencies in the complaint. However, the outcome of the judgment rendered in the second instance of the criminal proceedings is subject to the limitations of the right to appeal to the third instance.
066-087
