Problems of qualification of iatrogenic crimes by subject and subjective side

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Iatrogenic crimes are intentional or careless socially dangerous acts of medical workers that violate the legal principles and conditions of medical care, committed in the performance of their professional or o cial duties and endanger harm or harm life and health and other legitimate rights and interests of patients. The article is devoted to the issues of determining the subject of iatrogenic crimes, as well as the study of the subjective side in the criminological characteristics of such acts. The authors come to the conclusion that the subjects of iatrogenic crimes should be understood as the heads of medical organizations, doctors, and middle and junior medical personnel. The authors consider the issue of pharmaceutical workers in this context to be controversial. The authors note the need to introduce special norms into the Criminal Code of the Russian Federation regulating acts whose subjects are medical (possibly pharmaceutical) workers. The authors believe that law enforcement o cers and experts need to improve their quali cations in order to be able to reliably characterize the subjective side of an iatrogenic o ense. The authors also believe that medical errors (in the meaning of this term originally understood by the scienti c and medical community of Russia), accidents in medicine and observations of the realized risk of various interventions should not be criminalized, otherwise it will cause signi cant damage to medical practice and, ultimately, to patients.

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Iatrogenic, subject, subjective side

Короткий адрес: https://sciup.org/170197323

IDR: 170197323   |   DOI: 10.24411/2409-4102-2022-10406

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