To help the injured and eliminate physical risks is one of the issues that the legislator has emphasizes on it as a moral duty and has considered its violation as a crime. In this context the physician is exceptional, because not only the legislator has determined his/her responsibility but also the physician has taken over this duty as an ethical principle and he / she do the best efforts for saving patients. This commitment has distinguished him / her from the others and so imposing different responsibility on him/her is not unexpected. Refuse to perform the rule is constitute material element of avoid to help injured and it doesn’t need to the result and if it lead to the result it’s not important because it is outside of material element of crime. So he / she don’t have any criminal liability to it. Punishment is for refuse. If this refuse is deliberate, crime of refuse to do something is fulfilled. If the refuse is unintentional, its result is unintentional crime.