[Criminal law aspects in the medical field].

Abstract

Introduction: The legal framework in Switzerland regarding medicine and health care is complex. Switzerland doesn't have a specific federal law on medicine or health care. Instead, numerous legal provisions apply to very different medical and health care situations. There are regulations located at different hierarchical legal levels with a variety of international, national and cantonal regulations, as well as the (soft) law of the medical profession. Under federalism and the principle of subsidiarity, the Swiss Federal Parliament is only responsible for the federal legal re-gulations where the Swiss Federal Constitution grants it the power to do so. The 26 cantons of Switzerland are responsible for all other matters. Therefore, the cantons have enacted specific health laws, patient laws and other regulations relevant to the medicine and health care sector. In addition, the Swiss Criminal Code is particularly relevant to medical treatments. The Swiss Criminal Code punishes, among others, assaults on life and physical integrity. Criminal liability is an individual responsibility and is determined by whether the requirements for criminal behavior are met in the individual case.