Särskilt skydd för tjänstemän i sjukvården - En utredning om i vilken mån personal inom hälso- och sjukvården omfattas av rättsskyddet i 17 kap. 1 § BrB

Sammanfattning: This master thesis will examine the extent to which personnel in the health and medical services can be covered by the extended legal protection in chapter 17 article 1 of the Swedish Penal Code. Legal provisions specify the use of violence and threats against officials and involves increased legal protection for those who meet the definition of the concept of civil servants. The master thesis will therefore investigate the extent of the protection required and which criteria’s are to be met in order for officials to be covered by the protection and the extent to which health care professionals exercise authority over the patient who is in the staff's care. Health care is, as a general rule, be voluntary and only in exceptional cases, by virtue of law, coercion may be used to implement care and treatment measures. Legal support to implement care and treatment measures against the patient's legally valid consent constitutes the exercise of public authority. This thesis will therefore examine the relationship between the right to self-determination and the exercise of public authority. The thesis will also examine whether it is appropriate to include health professionals in chapter 17 article 1 of the Swedish Penal Code whit regard to rule of law. On January 1 2015 will Patientlag (2014: 821) for the first time mean a clear legal basis that will regulate health professionals opportunities to act in emergency situations if no legally valid consent can be obtained. This master thesis will therefore examine whether this means a new basis for the exercise of public authority in the health care sector. The conclusion of the master thesis is that if an action should be considered public authority requires legal support which justifies action may be enforced whit the support of compulsory use. A legally valid consent means that the requirement of voluntariness for health care is met. Because the exercise of public authority is being carried out with the support of law it does not affect the patient´s acceptance of health care and treatment measures on the question whether a legal ground for the exercise of public authority has existed or not. For the principle of rule of law to be upheld a clear legal basis for liability should be maintained that support responsibility to be imposed under chapter 17 article 1 the Swedish Penal Code. Previously only supports the application of prospective consents have emerged from the preparatory work, practice and doctrine but after the passing of the Patientlag the legal support will emerge from the legislation through chapter 4 article 4 Patientlag. My conclusion is that an action under this provision should be seen as an exercise of public authority and thus the acting with the support of the legislative provision under the protection of chapter 17 article 1 the Swedish Penal Code.