Flügge C
Senatsverwaltung für Justiz Berlin, Abteilung Justivollzug Berlin.
Z Arztl Fortbild Qualitatssich. 2000 Apr;94(4):265-71; discussion 271-2.
A survey of European standards and recommendations is given defining the status of prison physicians in the 40 member states of the Council of Europe. Taking into account these standards, the two main tasks of prison physicians in Germany are the following: 1.) Prison physicians have to treat and, if possible, cure patients--just as physicians outside the prisons do. 2.) By expressing their opinion and by taking initiatives, prison physicians have to contribute, to the observance of health standards in connection with the determination of confinement conditions (hygiene, cleanliness, physical exercise, ventilation, nutrition) and to develop them further. They also have to raise the prisoners' awareness of the fact that they should care about their health. These tasks are differentiated from requests that are unduly made to prison physicians by external authorities. Prison physicians are not court experts and the duties which they have to perform as physicians in charge of the treatment of prisoners do not include the rendering of opinions on questions relating to a person's fitness to undergo detention or to stand trial. This task is incumbent on experts, whom the courts have to find and appoint elsewhere than among prison physicians. Decisions regarding the determination of specific confinement conditions in a particular case or the granting of privileges to prisoners have to be taken by the prisons' managerial staff or the administration and not by the prison physicians, who, however, are frequently called in either by prisoners for the purpose of asserting alleged claims or by the prisons' managerial staff for the purpose of rejecting claims which the staff regard as unjustified.
对欧洲标准和建议进行了一项调查,界定了欧洲理事会40个成员国监狱医生的地位。考虑到这些标准,德国监狱医生的两项主要任务如下:1.)监狱医生必须治疗并尽可能治愈患者——就像监狱外的医生一样。2.)通过发表意见和采取主动行动,监狱医生必须促进在确定监禁条件(卫生、清洁、体育锻炼、通风、营养)方面遵守健康标准,并使其进一步完善。他们还必须提高囚犯对自身健康应予以关注这一事实的认识。这些任务与外部当局对监狱医生提出的不当要求有所不同。监狱医生不是法庭专家,他们作为负责囚犯治疗的医生所必须履行的职责不包括就与一个人的被拘留或受审适宜性相关的问题发表意见。这项任务由专家承担,法庭必须在监狱医生以外的地方寻找并指定专家。关于在特定案件中确定具体监禁条件或给予囚犯特权的决定必须由监狱管理人员或行政部门做出,而不是由监狱医生做出,不过,囚犯经常为了主张所谓的权利而传唤监狱医生,监狱管理人员也经常为了驳回他们认为不合理的权利主张而传唤监狱医生。