INACTION IN FAILURE TO PROVIDE ASSISTANCE TO A PATIENT

The qualification of the acts of doctors causes great difficulties for law enforcement agencies and the courts, and it is the basis for discussions in the scientific community. This is due, first of all, to the need to maintain a balance between protecting the rights of patients and the rational use of repressive measures, as the most extreme measures in the arsenal of the state. The Criminal Code of the Russian Federation provides for several offenses for which medics can be prosecuted. Among them are the so-called “iatrogenic” crimes, as well as failure to provide assistance to a patient (Article 124 of the Criminal Code of the Russian Federation). It is the failure to provide assistance to a patient that causes the greatest difficulties in qualification. In conducting the study, the main controversial issues relating to the definition of the subject of the crime within the framework of the composition provided for in Art. 124 of the Criminal Code of the Russian Federation are reviewed. The article reveals the issues of distinguishing related crimes, such as part 2 of article 109, part 2 of article 118, article 125 of the Criminal Code of the Russian Federation. The author cites various doctrinal points of view on the research problem, and also analyzes judicial practice. This article is aimed at identifying problematic issues of qualification of Article 124 of the Criminal Code of the Russian Federation, as well as formulating proposals for improving law enforcement practice. Based on an analysis of the disposition of the article, the Federal Law “On the Fundamentals of Protecting the Health of Citizens” and other regulatory legal acts, the author comes to the conclusion about a broad interpretation of the subject composition of the crime in question, including persons whose duties include providing first aid, as well as the need to differentiate responsibility for “complete” inaction, that is, failure to provide assistance to the patient, and “partial”, that is, provision of medical care with defects.

failure to provide assistance, criminal liability, doctors, leaving in danger, causing death, judicial practice, special subject, objective side, causation

Filatova N. Yu. Inaction in failure to provide assistance to a patient. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;3(68):220—225. DOI: 10.25683/VOLBI.2024.68.1043.