The specifics of foreign models of criminal policy in the field of digital healthcare

The purpose of this study is to provide a comprehensive analysis of the specifics of foreign models of criminal policy in the field of healthcare digitalization, aimed at identifying the features of criminal law regulation of telemedicine activities, the use of artificial intelligence technologies and medical robotics, as well as determining the problems of legal qualification of unlawful acts and identification of the subject of criminal liability in the context of the digital transformation of medical practice.

Results. As a result of the conducted research, it has been established that in foreign legal systems criminal law responses to offenses in the field of digital healthcare are predominantly universal and blanket in nature and are implemented within the framework of general offenses against life and health, professional medical activity, and information security. A shift in the priorities of criminal law protection from traditional biological objects to the information sphere and cybersecurity has been identified, reflecting the transformation of the social danger of the relevant acts. It is substantiated that the absence of special criminal law provisions addressing the use of telemedicine, artificial intelligence, and medical robotics leads to difficulties in legal qualification, uncertainty in determining the subject of liability, and challenges in establishing causal relationships. The conclusion is drawn that taking foreign experience into account is necessary in shaping national criminal policy in order to ensure adequate protection of life, health, and personal security in the context of healthcare digitalization.