THE GENERAL OBLIGATION OF A DOCTOR TO GIVE AID IN THE CASE OF TRAFFIC ACCIDENTS IN GERMAN AND AUSTRIAN PENAL LAW

DIE ALLGEMEINE HILFELEISTUNGSPFLICHT DES ARZTES BEI VERKEHRSUNFAELLEN NACH DEUTSCHEM UND OESTERR. STRAFRECHT

THE QUESTION AS TO WHETHER AND UNDER WHAT CIRCUMSTANCES A DOCTOR IS OBLIGED UNDER PAIN OF PENALTY TO RENDER AID AT THE SCENE OF TRAFFIC ACCIDENTS IS GOVERNED MAINLY BY THE WORDING OF PARAGRAPHS 330 C DSTGB AND 95 OESTGB AND THEIR INTERPRETATION IN TEACHING AND ADMINISTRATION OF JUSTICE. ALTHOUGH BOTH REGULATIONS HAVE IDENTICAL PENAL POLITICAL INTENT AND SHARE BASIC DOGMATIC CONCEPTS, THERE ARE A NUMBER OF DIFFERENCES IN CERTAIN PARTICULARS. THESE ARE EXPLAINED BY THE FACT THAT THE AUSTRIAN LEGISLATION WHICH CAME INTO FORCE ONLY RECENTLY (1-1-1973) MORE PRECISELY DEFINES AND ALSO LIMITS THE GENERAL OBLIGATION TO RENDER AID IN THE CASE OF ROAD ACCIDENTS WHICH FALLS ON THE DOCTOR AS WELL AS THE ORDINARY INDIVIDUAL. EVEN THE DEFINITION OF ACCIDENT IS NARROWER. IT CLEARLY EXCLUDES MINOR INJURIES FROM THE PROVISIONS OF PARAGRAPH 95 OESTGB. IN CONTRAST TO PARAGRAPH 330 C DSTGB UNDER AUSTRIAN LAW, NO ONE, NOT EVEN A DOCTOR, IS OBLIGED TO RENDER PURELY SAMARITAN SERVICE TO SOMEONE CERTAIN TO DIE FROM THEIR INJURIES. ALSO AUSTRIAN LAW IS SATISFIED WITH RENDERING THE "APPARENTLY" NECESSARY AID. FINALLY PARAGRAPH 95, SECTION 2 OESTGB ALLOWS THE DOCTOR RELATIVELY FAR-REACHING POSSIBILITIES OF EXONERATION, ALTHOUGH THESE HAVE NOT YET BEEN JUDICIALLY TESTED.

  • Authors:
    • KIENAPFEL, D
  • Publication Date: 1977-11

Language

  • German

Media Info

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Filing Info

  • Accession Number: 01296581
  • Record Type: Publication
  • Source Agency: Kuratorium für Verkehrssicherheit (KfV)
  • Files: ITRD
  • Created Date: Nov 21 2010 5:59AM