Суспільно небезпечні наслідки кримінальних правопорушень, які вчиняються у сфері медичної діяльності
Socially dangerous consequences of criminal offenses committed in the field of medical activities

Summary/Abstract: Crimes and criminal offenses committed in the medical sphere are studied. It is established that depending on the method of the fixing socially dangerous consequences of medical offenses in the structure of a criminal offense, all these consequences can be classified into three groups. The first group includes socially dangerous consequences, which are enshrined in formally defined concepts. It should include: «infection of a person with human immunodeficiency virus or other incurable infectious disease dangerous to human life» (Part 1 of Article 131), «long-term health disorder of the victim» (Part2 of Article 142). The second group is formed by socially dangerous consequences, which are fixed by evaluative concepts. We are talking about such consequences as «creating a danger to life or health»(Part 1 of Article 142) and «severe consequences» in Art. 138, part 1 of Art. 139, part 1 of Art. 140and Art. 145. The third group is combined, where one socially dangerous consequence combines harm fixed by formally defined concepts and harm fixed by evaluative concepts.. These include: «death of the ill person or other serious consequences» (Part 2 of Article 139), «death of the patient or other serious consequences» (Article 141). It is proved that the use of the evaluation concept - «serious consequences» in medical offenses, is an objective necessity that adequately reflects the specifics of the damage caused to the object of criminal protection. These include death, suicide, serious or moderate bodily injury, human immunodeficiency virus infection or other incurable infectious disease dangerous to human life, the internal content of which in each case will depend on the characteristics of a particular norm and the specific circumstances of the case.

• Details
• Contents