醫療暴力事件之防治—解析醫療法與刑法規定之適用關係【本期企劃】 試閱
Prevention of Medical Violence Incidents: An Analysis of the Relationship Between the Medical Care Act and the Criminal Code
醫療法相關規定的修法歷程可知，對於醫療暴力事件的防治，已從行政罰走向行政罰與刑罰併行，並透過抽象危險犯的立法來強化醫療安全。另外，由於實務界對醫療法與刑法相關犯罪的保護法益有不同理解，導致部分判決對於相關犯罪的法律適用容易產生誤會，因此可能導致醫療法作為特別法的保護目的無法充分發揮。
As evidenced by the legislative history of amendments to the relevant provisions of the Medical Care Act, the approach to preventing and addressing incidents of violence against medical personnel has shifted from relying solely on administrative penalties to a combination of administrative and criminal penalties, with legislation on crimes based on abstract danger further strengthening medical safety. Furthermore, because judges have differing interpretations of the legal interests protected by offenses under the Medical Care Act and the Criminal Code, some court rulings have led to misunderstandings regarding the application of relevant laws. Consequently, the protective purpose of the Medical Care Act as a special law may not be fully realized.
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