A Case about a Physician in charge who accepted illegally practicing Personnel: The Criminal Responsibility of the Physician Participating Practicing Medical Treatments Illegally
The accused in this case is a physician in charge of a medical institution, i.e. a superintendent. He was accused by the prosecutor on the ground of practicing physical therapies illegally according to Paragraph 32 Section 1 Physical Therapists Act, because he had accepted whom practicing physical therapies without legal qualification. According to the judgments in each instances, the accused was innocent on the ground of in dubio pro reo, because it hadn’t been proven whether the accused had a complicity with the offender, or there had been any instruction or laissez-faire of illegally practicing. In the opinion of this essay, even though the physician in charge might realize and participate practicing illegally, he couldn’t be the joint principal offender with the offender, because the illegally practicing as such is essentially an offence committed with one’s own hand. It could be an abettor or an aider, depending on whether the intention of the offender would be arisen by him. If he just knew but didn’t stop it, he would offend against the duty as guarantor’s position and then become an omission offender which would be an omission aider.