Krivično delo nadrilekarstva i nadriapotekarstva (čl. 254 Krivičnog zakonika)

The development of conventional medicine throughout history was accompanied by the appearance of quackery. On the one hand, in the absence of trained doctors, people all the same needed treatment, which was generally available only from unqualified persons. On the other hand, this need has generated greed and often deception regarding the expected success in treatment. This caused this phenomenon to be considered a criminal offense in most legislations. However, with the increasing legalization of the so-called complementary (alternative) medicine, whose methods are less scientifically proven, the attitude towards quackery is somewhat changing. The author notes that the scope of the act of „providing other medical services“ is particularly debated, since in that way acts of not only treatment but also medical assistance and care are brought under the framework of incrimination. Serbian law also considers as punishable acts of quack pharmacy, which is defined as preparing or issuing of medicaments without the appropriate professional qualification. This incrimination also raises important questions, which the author tries to answer. In the conclusion, it is stated that, according to the factual situation, situations of quackery can often be brought under the criminal offense of fraud.