Criminal Investigation Process For Doctors
Doctors working in the private sector or public institutions perform public duties and, as such, are considered public officials in certain circumstances due to the public interest involved in their work. The criminal investigation and prosecution process for public officials is subject to a system with its own specific formal requirements and procedures, in accordance with Law No. 4483 on the Prosecution of Civil Servants and Other Public Officials. However, a very important point in the criminal investigation process against doctors is that there are certain differences in the criminal investigation process against doctors working at any Higher Education Institution.
Criminal Investigation Process Against Private Hospital Staff or Doctors with Private Practices
There is no administrative permission required regarding the criminal liability of doctors working in private hospitals or who have their own private practices. In other words, matters that are the subject of complaints can be investigated directly through the Public Prosecutor’s Office. In this context, it can be said that cosmetic surgeons are the group of physicians most frequently subject to criminal investigation. This is because, in medical interventions for aesthetic purposes, patients often prefer doctors working in private hospitals or their own clinics due to the state’s limited resources, appointment processes, and the fact that healthcare personnel may be insufficient or unable to provide care due to being occupied with mandatory medical interventions, or because such interventions are not fully or partially free of charge. Given this situation, it is possible for private hospital staff or doctors who own private practices to face direct criminal proceedings. However, if the medical intervention is found to be negligent, the criminal investigation will turn into a criminal prosecution (criminal case).
Criminal Investigation Process for Public Sector Doctors
First, after determining that doctors are public officials in certain situations, it must be established whether the crime attributed to the doctor (the subject of the investigation) is a crime related to the doctor’s duties. Without these conditions, legal proceedings cannot be initiated against doctors under Law No. 4483.
Criminal investigation requests received by the Chief Public Prosecutor’s Office through reports or complaints are first supported by evidence without allowing for their dismissal and are submitted to the competent administrative authorities for preliminary examination without referring to any statements made by the public official under investigation. As a result of this preliminary examination, the decision to grant or deny permission for the investigation will be made. Indeed, according to the law, in order to open an investigation against public officials, the competent administrative authorities (the governor in provinces and central districts, the district governor in districts, and the ministry for senior public officials) must grant permission for the investigation.
The law also regulates exceptional crimes that allow public prosecutors to initiate investigations ex officio without complaint or permission. These crimes are bribery, embezzlement, and flagrant offenses requiring severe punishment. In these cases, no investigation permission will be requested from administrative authorities for doctors to be subject to investigation; the prosecutor’s office will initiate the investigation directly.
The fundamental purpose of this practice is to provide public officials with a degree of immunity from any investigation that could prevent them from performing their duties, thereby shielding them from unnecessary investigations. Once this procedure has been followed, if an investigation permit is granted, the criminal investigation process against doctors can be carried out.
If the investigation permit is granted, the prosecutor’s office will complete and conclude the necessary investigation. During the preliminary investigation phase, the persons assigned by the competent authorities may take statements from the doctor against whom the investigation is requested, as well as from other doctors or health personnel, and prepare the necessary documents within the scope of their authority. The competent authority is obliged to make a decision regarding the investigation permit within thirty days of the competent authorities becoming aware of the crime. The person who filed the complaint or report for the investigation has the right to appeal to the Chief Public Prosecutor’s Office within ten days.
Criminal Investigation Process for Doctors Working in Higher Education Institutions (Faculty Members)
Although the procedure applied to faculty member doctors working in higher education institutions is slightly different, decisions regarding the investigation are made by mechanisms established within the institution. In the initial investigation phase, a three-member committee formed from among the members of the university’s administrative board has the authority to decide whether to open an investigation. The university’s administrative board consists of the rector as chair, deans, and three professors elected for four years to represent the different teaching units affiliated with the university.
It is evident that during the investigation phase, whether doctors work in public hospitals or in university medical faculty hospitals, the initiation of an investigation against them is generally subject to specific procedures. Without following these procedures, it will not be possible to initiate an investigation against doctors. The criminal investigation process for doctors in the private sector, however, can be carried out without permission. Whether the outcome is positive or negative will be determined based on the evidence in each specific case.