Criminal Legal Evaluation of Invasive Procedures
It has been a disputing topic for the long time in Germany whether invasive procedures are the element of offenses of causing bodily harm. German legal practice has a positive answer for it, whereas the invasive procedures would ad initio be excluded from the element of offenses of causing bodily harm according to many scholars, like the medical treatments match medical standards or have successful results. However, it would be difficult to exclude the invasive procedures ad initio from the elements of offenses causing bodily harm according to its interpretation. Besides, in the opinion from this essay, it would be proper to contend that the medical treatments should be actions with harms on the ground of patient autonomy.