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Papers of The 1st Japan Scar Workshop |
6. Legal Problems with The Treatment of Scars and Keloids from
The View of “Handlungsunwert”
Hisa T, Yanagie H, Eriguchi M
Research Center for Advanced Science and Technology, University of
Tokyo, Tokyo, Japan
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Recently, the Japanese doctor-patient relationship has become more and
more sophisticated. Accordingly, the number of legal cases is also
increasing. Therefore, not only patients but also doctors should acquire
appropriate legal knowledge. Japanese criminal law is not based on the
view of “Erfolgsunwert”, but on the view of “Handlungsunwert”. From the
view of “Handlungsunwert”, culpability depends not on the results, but
on the assailant’s behavior, with the exception of particular
situations. In this paper, we discuss the kinds of criminal
responsibilities to the assailant in cases where a noticeable scar
and/or keloid remains due to traffic accident. |
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