Criminal liability for the crime of providing an incorrect medical certificate (comparative study)

Abstract

The study examined the criminal liability arising from a physician’s or midwife’s issuance of an incorrect medical certificate within the framework of a comparative study aimed at clarifying the legal basis of such liability and the elements of the related offense. The study explained that the law granted physicians and midwives the authority to issue medical certificates within specific legal limits and regulations, provided that such certificates accurately reflected the patient’s actual physical, psychological, and health condition and contained no false information. Criminal liability arose when an incorrect certificate was intentionally issued, as such conduct constituted a punishable offense under the law. The study also discussed the legal foundation of criminal liability for physicians and midwives, demonstrating that liability depended on the existence of awareness and freedom of choice, while the absence of intent or the presence of coercion led to the exclusion of criminal liability. Furthermore, the study emphasized that this offense could only be committed by a physician or a midwife, which distinguished it from the general crime of forgery. The study concluded by recommending stricter penalties for this offense due to its serious consequences in misleading the judiciary or obtaining unlawful benefits. It also recommended strengthening professional and administrative oversight and organizing awareness programs for healthcare workers regarding the dangers of issuing medical certificates that contradict the truth.