Socially dangerous consequences of criminal offenses committed in the field of medical activities
Crimes and criminal offenses committed in the medical sphere are studied. It isestablished that depending on the method of the fixing socially dangerousconsequences of medical offenses in the structure of a criminal offense, all theseconsequences can be classified into three groups. The first group ...
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Yaroslav Mudryi National Law University
2020-09-01
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Series: | Проблеми Законності |
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doaj-1c9055c0524f442d97c3c05294c0affd2020-11-25T03:06:50ZengYaroslav Mudryi National Law UniversityПроблеми Законності2224-92812414-990X2020-09-01015010.21564/2414-990x.150.209953209953Socially dangerous consequences of criminal offenses committed in the field of medical activitiesСергій Васильович ГринчакCrimes and criminal offenses committed in the medical sphere are studied. It isestablished that depending on the method of the fixing socially dangerousconsequences of medical offenses in the structure of a criminal offense, all theseconsequences can be classified into three groups. The first group includes sociallydangerous consequences, which are enshrined in formally defined concepts. It shouldinclude: "infection of a person with human immunodeficiency virus or otherincurable infectious disease dangerous to human life" (Part 1 of Article 131), "long-term health disorder of the victim" (Part 2 of Article 142). The second group isformed by socially dangerous consequences, which are fixed by evaluative concepts. We are talking about such consequences as "creating a danger to life or health" (Part1 of Article 142) and "severe consequences" in Art. 138, part 1 of Art. 139, part 1 ofArt. 140 and Art. 145. The third group is combined, where one socially dangerousconsequence combines harm fixed by formally defined concepts and harm fixed byevaluative concepts.. These include: "death of the ill person or other seriousconsequences" (Part 2 of Article 139), "death of the patient or other seriousconsequences" (Article 141). It is proved that the use of the evaluation concept - "serious consequences" inmedical offenses, is an objective necessity that adequately reflects the specifics of thedamage caused to the object of criminal protection. These include death, suicide, serious or moderate bodily injury, human immunodeficiency virus infection or otherincurable infectious disease dangerous to human life, the internal content of which ineach case will depend on the characteristics of a particular norm and the specificcircumstances of the case.http://plaw.nlu.edu.ua/article/view/209953life and health of a personmedical offensessocially dangerous consequencesserious harmiatrogenic diseasesbodily injuries |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Сергій Васильович Гринчак |
spellingShingle |
Сергій Васильович Гринчак Socially dangerous consequences of criminal offenses committed in the field of medical activities Проблеми Законності life and health of a person medical offenses socially dangerous consequences serious harm iatrogenic diseases bodily injuries |
author_facet |
Сергій Васильович Гринчак |
author_sort |
Сергій Васильович Гринчак |
title |
Socially dangerous consequences of criminal offenses committed in the field of medical activities |
title_short |
Socially dangerous consequences of criminal offenses committed in the field of medical activities |
title_full |
Socially dangerous consequences of criminal offenses committed in the field of medical activities |
title_fullStr |
Socially dangerous consequences of criminal offenses committed in the field of medical activities |
title_full_unstemmed |
Socially dangerous consequences of criminal offenses committed in the field of medical activities |
title_sort |
socially dangerous consequences of criminal offenses committed in the field of medical activities |
publisher |
Yaroslav Mudryi National Law University |
series |
Проблеми Законності |
issn |
2224-9281 2414-990X |
publishDate |
2020-09-01 |
description |
Crimes and criminal offenses committed in the medical sphere are studied. It isestablished that depending on the method of the fixing socially dangerousconsequences of medical offenses in the structure of a criminal offense, all theseconsequences can be classified into three groups. The first group includes sociallydangerous consequences, which are enshrined in formally defined concepts. It shouldinclude: "infection of a person with human immunodeficiency virus or otherincurable infectious disease dangerous to human life" (Part 1 of Article 131), "long-term health disorder of the victim" (Part 2 of Article 142). The second group isformed by socially dangerous consequences, which are fixed by evaluative concepts. We are talking about such consequences as "creating a danger to life or health" (Part1 of Article 142) and "severe consequences" in Art. 138, part 1 of Art. 139, part 1 ofArt. 140 and Art. 145. The third group is combined, where one socially dangerousconsequence combines harm fixed by formally defined concepts and harm fixed byevaluative concepts.. These include: "death of the ill person or other seriousconsequences" (Part 2 of Article 139), "death of the patient or other seriousconsequences" (Article 141).
It is proved that the use of the evaluation concept - "serious consequences" inmedical offenses, is an objective necessity that adequately reflects the specifics of thedamage caused to the object of criminal protection. These include death, suicide, serious or moderate bodily injury, human immunodeficiency virus infection or otherincurable infectious disease dangerous to human life, the internal content of which ineach case will depend on the characteristics of a particular norm and the specificcircumstances of the case. |
topic |
life and health of a person medical offenses socially dangerous consequences serious harm iatrogenic diseases bodily injuries |
url |
http://plaw.nlu.edu.ua/article/view/209953 |
work_keys_str_mv |
AT sergíjvasilʹovičgrinčak sociallydangerousconsequencesofcriminaloffensescommittedinthefieldofmedicalactivities |
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