ABOUT THE OFFENSES PROVIDED IN THE LAW NUMBER 
95/2006 ON HEALTH REFORM Cover Image

ABOUT THE OFFENSES PROVIDED IN THE LAW NUMBER 95/2006 ON HEALTH REFORM
ABOUT THE OFFENSES PROVIDED IN THE LAW NUMBER 95/2006 ON HEALTH REFORM

Author(s): Mihaela Rotaru
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura University Press, Universitatea de Medicina, Farmacie, Stiinte si Tehnologie “George Emil Palade” din Targu Mures
Keywords: criminal law; crime; health field; reform; legislative mismatch;

Summary/Abstract: The importance of the medical profession, as well as that of the other categories of personnel in the health system, is undeniable, especially in the context in which we recently faced a pandemic. The people who exercise these professions benefit from the perspective of criminal law also by the protection offered by the provisions of art. 652 of Law no. 95/2006. On the one hand, related to the provisions of the Criminal Code in force, we consider it necessary to intervene in the sense that the legislator has to make changes regarding the content of the article mentioned above. On the other hand, I have not found in the legislation in force criminalization rules that confer increased protection from the perspective of the criminal law for people who exercise professions other than those in the health system, with the exception of the provisions criminalizing acts of outrage, respectively judicial outrage, but the reason for the existence of these criminalization rules resides in protecting mainly the authority of the state, as well as the administration of justice. In this context, it is interesting to analyse what would be the solution from the criminal law point of view to grant protection to all professional categories.

  • Issue Year: 94/2023
  • Issue No: 3
  • Page Range: 13-21
  • Page Count: 9
  • Language: English