Medical doctors have the responsibility to observe all medical ethical principles during the treatment of patients to ensure their rights and strengthen trust in the medical sector. Some non-observance of these principles remains in ethical responsibility and some of them bring under criminal responsibility due to their high value. Whereas, if these principles are not observed, the medical sector will face serious challenges. This study discusses the ethical and criminal responsibilities of medical doctors, which are listed in the laws of Afghanistan and the International Islamic Charter of Medical and Health Ethics, and the causes which the thorough observance of these responsibilities has faced challenges. The study aims to inform medical doctors about their ethical and criminal responsibilities and to understand responsible organizations about the causes of the scarce care to it. The study is qualitative in nature and employs an analytical-descriptive research design. Secondary sources such as books, laws, regulations, online journals, scientific articles, and the International Islamic Charter of Medical and Health Ethics were utilized, and any terms requiring definition and clarification were provided after each main paragraph. The finding of this study shows that if medical doctors do not care about those responsibilities which include the laws of Afghanistan, the violator of ethical principles will be disciplined according to the regulation of medical ethics, and those who act against the penal code, will be punished accordingly. Moreover, the consideration of limited action as a crime in the penal code caused scarce care for the complete observance of those responsibilities. In the law of Afghanistan, medical doctors have a series of obligations in addition to their rights, such as respect for the patient, compliance with clinical standards, providing appropriate facilities, accurate diagnosis and treatments of the patient and so on that should be followed.
KeywordsMedical ethics, Criminal responsibility, Forensic prosecution, Penal code, Patient
- Bankowski, Z. (1989). Ethics and health. World Health 1989; April: 2-6.
- Da aami roghtia qanoon [Public Health Act]. (2009). Retrieved from http://laws.moj.gov.af.
- Da jazaee ijraato qanoon [Criminal Procedure Law]. (2014). Retrieved from http://laws.moj.gov.af.
- Danish, H. (2020). Penology (3rd ed.). Jalalabad, Afghanistan: Muslim Publisher.
- Hamdil Saddiqi, A. (2010). Medical Ethics (2nd ed.). [E-book]. Retrieved from http://balkh-un.edu.af.
- Ibn Manẓūr, M. (1955). Lisān al-ʿArab [Arabes tongue]. Beirut House
- Jaza code [Penal Code]. (2017). Retrieved from http://laws.moj.gov.af.
- Madani qanoon [Civil Law]. (1977/1355). Retrieved from http://laws.moj.gov.af.
- Markose, A., Krishnan, R., & Ramesh, M. (2016). Medical ethics. Journal of pharmacy & bioallied sciences, 8(Suppl 1), S1–S4. https://doi.org/10.4103/0975-7406.191934
- Medical Ethics Regulation. (2020). Retrieved from http://laws.moj.gov.af
- Nazari Tavakoli, & Nejadsarori. (2013). Cheesti akhlaq pazeshki; bayedha wa na bayedha [What is medical ethics; Dos and do nots]. Ethics and medical history of Iran, 6(5), 1-11.
- Rahnamood-e-cehat-e-rawani [Guide of Mental Health]. (___). Ministry of Public Health.
- Rahnamood-e-mille wa miyari barie marakiz khedamat cehi awalya [National Guide of Standard Therapy for Centers of early health services]. (1392). Ministry of Public Health
- Asia Foundation. (2019). Sharha-e-code jaza [Explanation of Pinal Code]. Kabul, Afghanistan: Saeed press.
- Turnbull, J., Lea, D., Parkinson, D., Phillips, P., Francis, B., Webb, S., ... & Ashby, M. (2010). Oxford advanced learner’s Dictionary. International Student’s Edition.
- Wasil, A. (2019). Allocated Criminal Law. Jalalabad, Afghanistan: New Moustaqble Publisher.
- Wasiq Durani, A. (2017). Allocated Criminal Law (3rded.). Jalalabad, Afghanistan: Yaar Publisher.
- World Health Organization. (2005). Islamic Charter of Medical and health ethics (No. EM/RC52/R. 10).