جريمة عدم تقديم مساعدة لشخص في حالة خطر و تطبيقاتها في المجال الطبي

Abstract EN

The Algerian legislator in the health law in the text of article 344 of it granted doctors the freedom to accept or refuse to provide treatment, but in return he also obliged them to provide assistance to patients in cases of haste and danger under the cover of punishment when not treating them, as the presence of a patient in serious condition calls for rapid intervention and for the immediate of the doctor imposed by the rules of ethics, social solidarity and criminal law as directive law made the doctor’s non-compliance with this obligation a mistake that entails his criminal responsibility, and does not negate this responsibility unless the doctor proves the existence of force majeure or sudden accident thats prevents him from carrying out his professional duty.