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


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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