Differentiation of related crimes against life and health in medical activity (by the example of crimes against newborns)

Introduction: the author discusses the relevant issue of the application of criminal law norms in qualifying crimes that resulted in infliction of death or health hazard as a result of criminal acts of medical worker. The author also pays their attention to several similar norms in the Criminal Code of the Russian Federation that identifies responsibility for these crimes. The author analyses elements of the crime basing on the case history. They single out some aspects of differentiation of related crimes in this area. Materials and Methods: the dialectical method of cognition was used, as well as the system and structural method, the logical method, complex methods were used. The case history provided the empirical basis for the study. Results: the author concludes that the difference between causing death by negligence and failure to assist persons consists in objective and subjective sides of the crime. To separate negligence of medical worker from other crimes against life and health it is important to evaluate their actions as a result caused by the execution of administrative powers or as a result of the professional error of medical worker. Discussion and Conclusions: it was suggested to amend section 5 of the of the decision of the Plenum of the Supreme Court of the Russian Federation dated 25/06/2019 No 18 “On judicial practice in cases involving crimes under Article 238 of the Criminal Code of the Russian Federation" in order to narrow down the range of subjects of Art. 238 of the Criminal Code of the Russian Federation.