جريمة تحرير وصفة طبية وهمية أو مبالغ فيها في القانون العراقي

Abstract EN

The medical profession is one of the professions of privacy, because of the special relationship through which the doctor deals with the patient, as it is a human relationship before it is legal, in addition to the great responsibility that the doctor has in many ways, as he is entrusted with the health of the patients who treat them, as well as He is entrusted with the means and methods of medical treatment such as medicines and other medical supplies, so his keenness to limit his work to achieving the lofty and human goal of his profession, which is to achieve healing for the patient, relieve his pain, or protect him from epidemics and diseases, is part of the maintenance of this secretariat, so we find that the Iraqi legislator has worked To provide criminal protection for this goal from some unlawful acts, specifically during the diagnosis and treatment stage, and among the forms of these safeguards is its regulation of the provisions of the crime of issuing a fake or exaggerated prescription, in order to preserve the doctors' keenness to perform their therapeutic mission and limit it to material facts and not to exploit This profession is to achieve personal goals and objectives far from the goal of therapeutic work.

There are those represented by issuing a fake prescription or editing it in an exaggerated manner in terms of the quantities of the drugs prescribed in it, in addition to its counting of intentional crimes whose legal model requires the availability of the general criminal intent with the two elements of knowledge and will of the perpetrator in addition to the special intention of achieving an unlawful benefit, thus completing all From its material and moral pillars, and he added to them a special pillar represented by the status of the perpetrator in which he stipulated that he be a doctor, and he considered it a misdemeanor crime, through the freedom-restricting penalty that he specified for her, represented by the imprisonment penalty, in addition to other criminal penalties that were specified for her in its legislative text and those that are It shares it with misdemeanor crimes such as supplementary penalties and precautionary measures.