DIFFERENTIATION OF CRIMINAL LIABILITY OF MEDICAL PROFESSIONALS

Abstract

The aim: Determining the need to differentiate the criminal liability of medical workers for damage caused in the course of professional activity. Materials and methods: This following research is based on an analysis of laws (21 laws), court judgments and case files (108 judgments and 8 case files), judgments of the European Court of Human Rights (4) and the legal doctrine of criminal law. Comparative, systematic, analytic, and empiric methods have been used in this research. During the preparation of this article the results of personal experience of the scientific work (17 years), the experience of advocacy (11 years), and the experience of the Supreme Court's judge have been applied. Results: The analysis of case files, thoughts of scientists and lawyers-practitioners allowed to propose criteria and indicators influencing increasing or decreasing of social dangerousness of actions committed by medical professionals. It is noted that the necessity of the legislator to consider the close interrelation of professional medical services and influence on the health of persons who demand medical services or need health care during differentiation of criminal liability. Conclusions: The necessity of differentiating approach to the criminal liability of medical professionals who inflict health damages or death is stated in comparison with the liability of general subjects of a crime.