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Penal Responsibility for the Medical Offences


Author: Florea Vasile
Degree:doctor habilitat of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2008
Scientific adviser: Constantin Eţco
doctor habilitat, professor, Nicolae Testemitanu State University of Medicine and Pharmacy of the Republic of Moldova
Institution:
Scientific council:

Status

The thesis was revoked on the 19 June, 2008

Abstract

Adobe PDF document – 0.44 Mb / in romanian

Keywords

life and health of the person, patient’s rights, personal life and health damages medical offence; case report of penal law, medical assistance and non-assistance, medical mistake, patient’s assistance, medical law infringement, euthanasia

Summary

Investigation objective include social relations who determine commitment of medical infringement their sighs, preventing measures, norms of penal law that deals with the responsibility for their commitment.

Goals and objectives. Investigation goal consists of problem solution which deals with penal responsibility for medical infringements, setting up the juridical nature of these offences, forming up the improvement references of penal norms taking into consideration the responsibility for the committed offences, mentioned in the articles148, a58, 162, 212, 213, 256 CP RM listed in the methodic recommendations for penal punishment of these offences.

Research methods: In investigation process were used the following scientific methods: induction, deduction, analysis, synthesis, questionnaire, logical method, comparison, the systematic method of analysis.

The obtained results and their actuality: The scientific novelty of investigation consists of the fact that in this research one of first monographic overview were made. For the first problems of penal responsibility for medical offences in the Republic of Moldova and other countries were investigated. The comparative investigation of law-penal settlements of penal responsibility for medical infringements nowadays in different countries was effectuated and suggestions for penal-legislation’s modification of the Republic of Moldova were elaborated.

The practical value: consists of the fact, that conclusions and suggestions formulated in the result of the investigation can be used in the activity of organs of prosecution, prosecutor’s office, judges in law treatment and questioning of medical offence’s cases, disposing of legal-medical examination, elaboration and effectuation of preventing measures of these offences.

The appliance of the results: the results of investigation were discussed at a international scientific conference in St.-Petersburg (2002), Livov (2005), Chisinau, at two Congresses in Russia (Moscow) linked to the problems of medical law in 2005 – 2007, are presented to the commission of Parliament for human rights.

The medium of appliance: in the activity of the Organs of law protection, scientific investigations, in the study process in law and medical educational institutions.