Rolul culpei medicale în dreptul penal (II)
The role of medical negligence in criminal law (II)
Author(s): Ariana ArdeleanSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Editura Solomon
Keywords: medical negligence; wrongful death; criminal intent; objective imputation of conduct; comparative law; medical malpractice; wrongful death; moral element of the crime; legal person liability;
Summary/Abstract: Continuing the analysis started in Cluj Bar Journal no. 2/2023, the article presents the issue of the moral element of the crime in the context of medical malpractice and the liability of legal persons in the case of medical institutions, but also the liability of the States, under Articles 2 and 8 of the European Convention on Human Rights, with references to comparative law and to the case-law of the European Court of Human Rights. Finally, the article proposes a lex ferenda, by rethinking the value protected by the medical professions and how this can be correctly transposed into the existing criminal law.
Journal: Jurnalul Baroului Cluj
- Issue Year: 2024
- Issue No: 1
- Page Range: 6-26
- Page Count: 21
- Language: Romanian
