Article 21 of the Medical Act and the Right of Silence of a Doctor

異状死体

報告義務

憲法38条1項

黙秘権

Article 21 of the medical act

the disorder body

the report duty clause 1

article 38 of the Constitution

the right of silence

Article 21 of the medical act provides that the doctors make a report on the disorder body. The Supreme Court passed the judgment that the disorder body in this article should include that of the patient whom the doctor himself made diagnosis and medical treatment and that if the doctor is charged with professional negligence resulting in death it shouldn't violate clause 1, article 38 of the constitution. But this judgment has a serious problem. That is to say, this would not only infringe the right of silence of a doctor but also permit unfair intervention of police authority power to a medical system.