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Physicians and the New Penal Code
Owing to many difficulties inherent in the problems involved and by reason of many considerations of an internal, political nature, the drafting of a new penal code has been no simple matter but has extended over many years— several decades, in fact. But the work has finally been completed, and the proposed draft has been submitted to the reichstag for its action. Many of the provisions are of great interest to the medical profession. According to the old penal code, and particularly according to the interpretation of the federal courts, every medical intervention is, in principle, regarded as a bodily injury, and whether it is punishable or not depends on whether or not the person concerned, either expressly or tacitly, consented to the intervention, or whether the physician could, at least, assume, in the nature of the case, that he gave his consent. According
BERLIN. JAMA. 1927;89(15):1265. doi:10.1001/jama.1927.02690150075028
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