论新冠肺炎疫情中医源性损害的刑事责任问题

N. Ognerubov
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引用次数: 1

摘要

国内对医源性犯罪的调查不足,而国外对医务工作者医源性损害的刑事责任问题的研究较多。我们分析了许多科学家的工作,包括来自澳大利亚、印度和意大利的科学家。国外理论越来越坚持减轻医务人员医疗事故刑事责任的思想。我们的结论是,在国外,使医生承担刑事责任的一般依据是严重违反普遍接受的医疗保健标准。与此同时,2019冠状病毒病大流行对重新思考国内理解医源性责任的方法和区分医源性责任的必要性具有重要作用。在医生每天都收到关于适当治疗的新指示,并且寻找治疗新型冠状病毒感染的方法仍然与许多错误有关的环境中,医源性犯罪的资格必须考虑到减少犯罪的社会危险的特殊情况。最后,本文对借鉴国外医源性刑事责任减轻实践的前景进行了展望,以期为我国刑法中医源性损害相关犯罪形成新的特权特征提供指导。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the issue of criminal liability for iatrogenic harm amid the COVID-19 pandemic
Iatrogenic crimes have been underinvestigated in domestic science, however, a significant number of foreign studies are devoted to the issue of criminal liability of medical workers for iatrogenic harm. We analyze the work of many scientists, including those from Australia, India and Italy. Foreign theory is increasingly adhering to the idea of mitigating the criminal liability of medical workers for medical errors. We conclude that the general basis for bringing a doctor to criminal responsibility in foreign countries is a gross violation of generally accepted medical care standards. At the same time, the COVID-19 pandemic plays an important role in rethinking the domestic approach to understanding the responsibility for iatrogenesis and the need for its differentiation. In an environment where doctors every day receive new instructions on appropriate therapy, and the search for ways to treat a new coronavirus infection is still associated with many errors, the qualification of an iatrogenic crime must take into account the special cir-cumstances that reduce the social danger of the crime. In conclusion, we talk about the prospect of using foreign practice to mitigate criminal liability for iatrogenesis as a guideline for the formation of new privileged features of the offenses associated with causing iatrogenic harm in domestic criminal law.
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