遺體解剖於毀損屍體罪之評價【醫事法學教室】 試閱
A Study on Human Autopsy and the Offenses Against Corpses in the Criminal Law
A的家屬主張，法醫B對疑似因醫療過失致死的A遺體為司法解剖釐清死因時，逾越其聲請的解剖範圍，除違反解剖屍體條例規定外，也同時觸犯刑法的毀損屍體罪。實則，以犯罪訴追為目的之司法解剖，除了不應適用解剖屍體條例外，B於解剖時也已遵循相關作業準則，故B得依刑法第22條「業務上正當行為」阻卻毀損屍體罪不法。
Family of the deceased claim that the forensic medical examiner performed an judicial autopsy to determine the cause of death for the deceased, who is suspected died from medical malpractice, had beyond the scope of their request content. And this circumstance is considered not only offending Human Autopsy Act, but also offending the offenses against corpses in the criminal law. In fact, judicial autopsies are conducted by the purposes of criminal prosecution, should not be applicable for Human Autopsy Act. If a medical examiner has complied with the relevant regulations, he can state the Article 22 of Criminal Law as ground of justification.
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