НАКАЗАТЕЛНАТА ОТГОВОРНОСТ НА МЕДИЦИНСКИТЕ СПЕЦИАЛИСТИ. (Bulgarian)

THE CRIMINAL LIABILITY OF MEDICAL PROFESSIONALS. (English)

Human life and health are the highest values in any legal and democratic state, which is why legal guarantees for their protection are regulated in all legal systems. The most effective of these guarantees is criminal legal responsibility, which is expressed in the elevation of those socially dangerous acts that threaten or damage human life or health to crimes. These criminal acts can be committed by all criminally liable natural persons, including medical specialists during or on the occasion of exercising the medical profession. From the jurisprudence of the Bulgarian courts, it is established that most often the criminal liability of doctors and other medical specialists is committed for two types of crimes, namely: criminal professional negligence causing death e under Art. 123 of the Criminal Code of the Republic of Bulgaria and criminal professional negligence causing personal injury under Art. 134 of the Criminal Code of the Republic of Bulgaria. The object of the specified crimes are public relations that ensure the inviolability of human life and the inviolability of human health and the physical integrity of the person, i.e. human life and health. The Bulgarian criminal law also regulates other types of crimes that are related to the criminal liability of medical specialists, but they affect other public relations. Such are, for example: the crime under Art. 126, paragraph 1 of the Criminal Code - the so-called "criminal abortion", the abuse under Art. 141, paragraph 1 of the Criminal Code, passive and active bribery under Art. 301, paragraph 1 and art. 304 of the Criminal Code, exercising a profession or trade without the corresponding legal capacity under art. 324, paragraph 1 of the Criminal Code and other crimes. This report will present an analysis of the main characteristics of the crimes of criminal professional negligence causing death and criminal professional negligence causing personal injury, for the commission of which the criminal liability of medical professionals most often arises. The main, qualified and privileged compositions of the specified types of crimes, their features and specifics were examined. The purpose of the report is to acquaint not only the public, but also medical specialists, with the elements of the targeted crimes, which will contribute to increasing their legal culture and conforming their behavior to criminal law norms. In this sense, the good awareness of legal entities about the current criminal legislation is an important prerequisite for limiting crime in any country. [ABSTRACT FROM AUTHOR]

Copyright of Knowledge: International Journal is the property of Institute for Knowledge Management and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)