Criminal-legal characteristics of the violation by medical stuff of their professional duties in the sphere of medical aid

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Criminal-legal characteristics of the violation by medical stuff of their professional duties in the sphere of medical aid is presented in the article. Deeds which are subject to application of criminal-legal measures are listed. According to the Criminal Code of Russia, these are at first: Causing death because of the carelessness due to unduly fulfilling by the person of his (her) professional duties (p. 2, article of law 109 of the LC of RF); Causing severe harm for health because of the carelessness due to unduly fulfilling by the person of his (her) professional duties (p. 2, article of law 118 of the LC of RF); Non-rendering help for the patient (article of law 124 of the LC of RF). The authors suggest to include the corpus delicti according to which legally punishable would be «nonrendering help to the patient without respectable causes or non-duly rendering medical help by the person who is obligatory to render such help based upon standard rules, if it could objectively cause harmful consequences for the patient» into the article 16 of the LC of RF.

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Crimes in sphere of medical aid, corpus delicti, non-performing medical aid to a patient, improper medical aid, formalizing of corpus delicti

Короткий адрес: https://sciup.org/14918790

IDR: 14918790

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