The role of medical negligence in criminal law (I) Cover Image

Rolul culpei medicale în dreptul penal (I)
The role of medical negligence in criminal law (I)

Author(s): Ariana Ardelean
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
Published by: Editura Solomon
Keywords: medical negligence; causal relationship; wrongful death; objective imputation of result; objective imputation of conduct; comparative law;

Summary/Abstract: This article aims to analyse the relationship between the legal and medical fields from the perspective of the objective features of crime, identifying the main theoretical aspects necessary to establish causality, as well as the main difficulties that arise when translating them into practice. Although the text of Article 192 of the current Criminal Code can be found in a recognizable form of incrimination since the first common criminal codification of the Romanian Principalities – the Criminal Code of 1864 – the relevance of understanding it from an updated perspective continues to be a recurring theme in the analysis of the doctrine and jurisprudence. This is the motivation for which we also choose to make a short incursion into the specifics of medical negligence in the medical field from the perspective of the innovations existing up to the third decade of the 21st century.

  • Issue Year: 2023
  • Issue No: 2
  • Page Range: 4-19
  • Page Count: 16
  • Language: Romanian