篇名

醫療過失刑事案件移送調解後是否仍受告訴期間之限制?   免費試閱

並列篇名

Is the Statue of Limitation for Bringing Criminal Complaint Still Valid for a Medical Malpractice which Was Transferred to Mediation?

作者
中文摘要

醫療糾紛造成患者傷害之案件,原則上均屬刑法第284條第2項之業務過失傷害案件,依照刑法第287條前段規定為告訴乃論。告訴乃論案件有6個月告訴期間之限制,若逾告訴期間,則告訴為不合法。但案件若先經調解委員會調解,調解不成立時,告訴期間之起算點會因是否有聲請調解委員會將案件移請檢察官偵查,以及何時聲請而有所不同,在利用調解程序時,必須注意,以免遲誤告訴期間。

英文摘要

The medical lawsuits in which the patients were injured belong generally to the negligent injury according to paragraph 284 section 2 Criminal Law that is no trail without complaint according to the former half in paragraph 287 Criminal Law. There are six months for the statute of limitation for bringing complaint. The compliant which was brought over the limitation would be illegal. However, if the lawsuit had been mediated by the mediation commission but failed, the beginning point of the statute of limitation could be different and it depends on whether the lawsuit had been applied to transfer to attorney to being investigated. It could be different when the party in the lawsuit applied. Therefore, the difference of beginning point of the statute of limitation for bringing complaint should be noticed so that the it could be in time.

起訖頁

158-162

出版單位
DOI

10.3966/241553062018120026012  複製DOI  DOI查詢

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