| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === The Government Procurement Act was passed to establish a government procurement system since 1999, so that procurement operations are based on fair and open procurement procedures and promote procurement efficiency and functions to ensure procurement quality, and to regulate procurement-related behavior. In terms of the procurement of expensive medical equipment in public hospitals, the effectiveness of procurement not only affects the implementation of medical policies, but also the quality of medical care and the rights of people to seek medical care.
After the definition of public official of Article 10 of the Criminal Law was amended in 2005, public hospital physicians and private hospital physicians did not differ in their conduct of medical treatment. However, when a public hospital handles procurement, the physician may still be an authorized public official in the criminal law. Public hospital physicians almost focus on clinical medical affairs because of their heavy and busy medical workloads. It is not suitable for public hospital physicians to receive complete public service education, and even familiar with procurement process. In public hospital procurement cases, they often must participate in procurement process because of their medical professions. Procurement of medical equipment, if inadvertently violated the provisions of the Government Procurement Act, may result in sentence to prison according to Anti-Corruption Act or criminal law.
This study searches through the written judgments search data base of the Judicial Yuan. The written judgments of the district courts are collected from 2008 to 2017, totally ten years duration. All cases about doctors involved in the procurement in the public hospitals are reviewed. After the statistics, it analyzes the differences between the types of corruption crimes of other civil servants and lists several cases to discuss the practical views of judgement in recent years. The result reveals 25 cases are related to corruption crime. Thirty people are guilty in first instance trial. The most doctors who involved corruption are violate the Article 5, paragraph 1, subparagraph 3 of the Anti-Corruption Act, “Demanding, taking or promising to take bribes or other unlawful profits by an act that belongs to the official duties.” The title of the perpetrators is also a majority from the clinical supervisor to the superintendent or deputy superintendent of hospital. Proceeds of crime are below 2 million new Taiwan dollars mostly.
Public hospital doctors are sued for purchasing medical devices in procurement cases, in practically, the dispute must first discuss whether it meets the definition of public official status in criminal law. The clinical medical affairs of doctors have gradually been considered not to belong to public affairs, and public hospital doctors are not belonging to public official of government organization. In the view of practical experience, doctors who set device specifications, and/or who check device and acceptance, are authorized public official. Those chiefs who have final purchase decision are authorized public official, too.
This study hopes to use this research to provide a reference for physicians involved in procurement, which can promote the efficiency of medical procurement, while avoiding penalties and punishment.
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