醫師因行政相驗遭遇之訴訟樣態分析──全國性實證研究

A Nationwide Empirical Study of Legal Disputes Faced by Physicians Due to Administrative Postmortem

本研究透過全國性的法學實證分析，探討臺灣醫師在執行行政相驗過程中遭遇的訴訟樣態。研究範圍涵蓋2000年至2023年之間的法院判決，聚焦於醫師因行政相驗而引起的各類法律爭議。結果顯示，雖然涉及行政相驗的刑事起訴案件不多，但定罪率高達91.7%，然而大多數案件醫師不需入監服刑，多可易科罰金或緩刑。研究亦發現，醫師在行政相驗過程中存在的問題主要包括記錄不實和程序不當。2005年《刑法》第10條第2項修法後，行政相驗醫師並不會被以刑法公務員追究法律責任。此外，法院對行政相驗的法律定性視為事實行為而非行政處分，法院在訴訟中亦不完全依賴行政相驗所開立的死亡證明書來確定法律事實。這些發現足供醫療法律研究者及實務執行者加以關注。

This study uses a nationwide empirical legal analysis to explore the types of litigation that Taiwanese physicians encounter during the execution of administrative postmortem. The research covers court judgments from 2000 to 2023, focusing on various legal disputes arising from physicians conducting administrative postmortem. The results show that although the number of criminal indictments involving administrative postmortem is low, the conviction rate is as high as 91.7%. However, in most cases, physicians do not need to serve prison sentences, as fines or probation are usually imposed. The study also found that the main issues during administrative postmortem include inaccurate records and improper procedures. After the amendment of Article 10, Paragraph 2 of the Criminal Code in 2005, physicians conducting administrative postmortems are not held accountable as public officials under criminal law. Furthermore, the court views administrative postmortem as Realakt rather than administrative sanction and does not rely solely on death certificates issued during administrative postmortem to determine legal facts. These findings should be of interest to medical law researchers and practitioners.