Journals / Ceza Hukuku ve Kriminoloji Dergisi / 2017 / Cilt: 5 Sayı: 1
Einwilligungsfähigkeit und Wirksamkeit der Einwilligung – die Lage in Japan
- Pages
- 47–64
- DOI
- —
Abstract
The paper discusses issues of capacity for consent and effectiveness of consent within the context of Japanese and German criminal law and compares both legal systems hereto with each other. The discussion in Japan lacks, because legal requirements to give consent to certain treatments and certain medical care are not yet ascertained. The uncertainty is played out at the expense of physicians, practitioners, and medical doctors. The papers discusses the necessity to fix the requirements of consent to be effective in practice.
Özet
The paper discusses issues of capacity for consent and effectiveness of consent within the context of Japanese and German criminal law and compares both legal systems hereto with each other. The discussion in Japan lacks, because legal requirements to give consent to certain treatments and certain medical care are not yet ascertained. The uncertainty is played out at the expense of physicians, practitioners, and medical doctors. The papers discusses the necessity to fix the requirements of consent to be effective in practice.