المسؤولية الجزائية للأطباء الناشئة عن استخدام الأساليب الطبّيّة الحديثة في القانون العمانيّ: دراسة مقارنة (1990-2019)

This study discussed the issue of the criminal responsibility of doctors, arising from the use of modern medical methods in Omani law, and in many comparative legislations due to the existence of a close relationship between medicine and law, especially that scientific biological progress in the field of medicine has benefited humanity in terms of diagnosis and therapeutic applications, as it is arranged There are many risks, so there was an urgent need to develop legislative rules aimed at determining the responsibility of doctors in line with scientific developments, and to address the shortcomings of legislation. Therefore, the study aimed to clarify the elements of criminal liability, its scope, and its developments from both the criminal and civil sides, and the impact of medical progress on that responsibility according to Royal Decree No. 75 of 2019 regarding the practice of the medical profession and the paramedical professions, compared to other legislations of leading countries in the medical field in France and Egypt, And the Emirates with a statement of the Islamic Sharia approach. Our study followed the descriptive approach, as well as the comparative analytical approach. The study also included the objective, temporal and spatial limits of the research. The study concluded many results, the most prominent of which are; The development of medical work in the Omani legislature, although it was not successful in defining medical work in light of the continuous modern medical developments, and criminal responsibility is raised in the event of committing a medical crime that occurs on the human body, and criminal responsibility may take one of two forms; Intentional or unintentional error, and if the principle is that the doctor is obligated towards his patient to exercise due care for him, and to observe established principles and rules when treating; However, the same commitment has evolved as a result of medical scientific and technical developments. The doctor's commitment to achieving a result in some medical work has become. Our study concluded with a set of recommendations, including interest in raising awareness among jurists in all medical innovations, expanding legal studies that deal with aspects related to emerging sciences, working on qualifying medical personnel legally, and with new technological techniques, and urging the Omani legislator in the text Explicitly stating all the obligations and duties of the doctor, and when describing the behavior of the doctor in error, and recommending the establishment and support of scientific institutes and institutions specialized in the field of biology and genetic engineering.