Unele situații practice privind identificarea factorilor cauzali ai decesului. Discuții privind aspecte particulare procesuale și substanțiale. Uciderea din culpă. Cazul Colectiv
Practical Situations with Regards to Identifying Causal Factors of Death. Discussion Regarding Particular Procedural and Substantial Aspects. Involuntary Manslaughter after the ‘Colectiv’ Case

Summary/Abstract: Within the specialty literature and judicial practice, determining the causal link for the crime of manslaughter remains a highly conspicuous issue. The penal bodies often experience difficulties in establishing clear causality in complex settings, as besides the main factor that led to the person’s death, there are additional, pre-existent or subsequent factors. These adjunct elements themselves have a substantial impact on the final result. As such, this lecture aims to highlight the major necessity and significance of penal bodies’ detailed analysis of causal elements for the crime of manslaughter, within the context of establishing the chain of actions and reaching penal accountability of those that are to be found guilty, with particular emphasis on medical acts as subsequent factors. In doing so, the presentation bases its’ analysis upon a particular case that emphasises the weight and contribution of a secondary factor to the death of a hospital patient, former victim of the ‘Colectiv’ club fire. Nonetheless, this study also proposes to highlight the growing importance of correlating the legal and medical field, by observing the consequences of to the legal provisions within the healthcare system’s violation. Similarly, the presentation focuses on the penal bodies’ failure to identify and evaluate all the factors that led to the victims’ deaths in the ‘Colectiv’ case, in the subsequent period following the fire. Moreover, the study will expose the failure to identify the medical fault as an additional factor and demonstrate the conclusion of an incomplete criminal investigation in that respect.

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