Criminal law risks in the provision of medical care

The article deals with criminal law risks in the activities of health care workers. In contrast to the traditional approach to the study of criminal law prohibitions, the author presents an approach to assessing criminal acts from the perspective of persons who can potentially become their subjects. The main objective of this approach is to clarify the requirements of criminal legislation for medical professionals, distinguish between acceptable and criminal behavior, and thus prevent possible crimes. It is noted that the proper implementation of criminal law norms, including the correct qualification, and law enforcement aimed at preventing crimes in the field of health care are often hindered by the problems of legislative regulation of the relevant elements of crimes, in particular, when determining the criminal status of a medical worker, the form of guilt in specific crimes. As part of the solution of this problem, based on a critical analysis of existing approaches in the science of criminal law, the author formulates his own concept of crimes in the field of health care, describes the problem, studies their legal and social nature, and systematizes such crimes. When a number of so-called iatrogenic crimes are committed, the onset of negative consequences may not be obvious, which creates a false sense of confidence in the medical worker, if not in impunity, then in the conditional legality of their actions. In this regard, the features of the qualification of careless crimes of medical workers are considered. Special attention is paid to the characterization of negligence as one of the most common crimes in the field of health care. The article provides a General description, classification of criminal law risks in the provision of medical care, and recommendations for excluding (minimizing) such risks.

risks in providing medical care, crimes in the sphere of health care, medical workers, pharmaceutical workers, special subjects, iatrogenic crimes, criminal liability, abuse of authority, failure to perform or improper performance of professional duties, illegal production, trafficking, inducement to use narcotic drugs, psychotropic, potent, toxic and radioactive substances, medicinal and other chemical and pharmacological drugs, production and sale of substandard medicines and medical devices, negligence, reckless crimes in the field of health care