MEDICAL CRIMINAL LIABILITY

Natalia-Adriana Udriştioiu[1]

Abstract

Ensuring the rule of the law is usually achieved by complying with criminal standard requirement; therefore, the members of the society who are not complying by committing crimes are violating the rule of the law which cannot be restored except through criminal liability.

Sensu stricto, "the criminal liability means the offender’s obligation to be subjected to criminal penalty, as a consequence for perpetrating an offense".

In accordance with article 50 of the Moldovan Criminal Code, " the criminal liability is considered the public sentencing in the name of the law, of criminal acts and of persons who have committed them, sentence that may be preceded by enforcement measures carried under the law ".

Given the abovementioned country's Penal Code, "the criminal actions are those that stated in the article 14 of the Penal Code, namely harmful actions (or lack of action) as stated in the criminal law, willingly perpetrated and suited to criminal liability."

In Romania, the Criminal Code stipulates that: "The offense is the transgressive act posing social threats and committed by guilt, as stated in the criminal low”. Only an offense may result in criminal liability.

Malpractice is defined as a violation of the exercise conduct of the medical profession, of methods and procedures specific to the medical act or negligently executed, in ignorance or carelessness; it is the breach of duty of care, an act committed by a medical professional who, in objective working conditions, is not abiding to the rules of the profession, recommended and acknowledged as specific and valid.

The transgressions a health practitioner may commit in the exercise of his profession are provided in a specific section of the Romanian Penal Code, as well as specific laws.

Given the importance to the medical field and the broad range and frequency of allegations made by patients, this paper will approach the following punishable offences: Article 178 Penal Code - involuntary manslaughter, Article 184 Penal Code - bodily injury by negligence, Article 196 Penal Code - Disclosure of professional secrecy, Article 254 Penal Code - Taking bribes, Article 259 Penal Code - Receiving improper benefits.

Keywords: malpractice, criminal liability, medical profession, Romania, Republic of Moldova

pp. 129-145

[1] Natalia-Adriana Udriştioiu is a 4th year PhD student in public law at the Free International University of  Moldova; Contact: Această adresă de e-mail este protejată de spamboţi; aveţi nevoie de activarea JavaScript-ului pentru a o vizualiza

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