Original scientific paper
Actual Issues Concerning Some Criminal Offences Against the Health of People in the Light of Elaborating Draft Amendments to the Croatian Criminal Code
Sunčana Roksandić Vidlička
orcid.org/0000-0002-0330-8540
; Faculty of Law University of Zagreb, Zagreb, Croatia
Abstract
The article deals with the current issues of regulation of criminal offences against the health of people in the Republic of Croatia, focusing on the criminal responsibility of physician as the leading health care provider. The article analyzes the following criminal offences: medical malpractice (article 240.), issuance and use of false medical or veterinary health certificates (article 316.), unauthorized medical treatment (article 243.) together with the right to autonomy (the right to informed consent). Moreover, the article deals with the illicit transplantation of human body parts (article 242.) in connection with the Declaration of Istanbul on Organ Trafficking and Transplant Tourism (2008). The article relates the failure to render medical aid (article 243.) to the breach of duty to provide first aid and to the breach of duty to make a contract on the health care provision. In addition, the author proposes to introduce the alternative dispute resolution techniques in the health care sector for resolving less serious breaches of duty. Moreover, taking into account Maresti case, the author suggests that the distinction between criminal offences and misdemeanors in the protection of the right to health should be made more transparent.
Keywords
criminal offences against health of people; criminal responsibility of physician; unauthorized medical treatment; informed consent; illicit transplantation of human body parts; alternative dispute resolution methods in health sector; Maresti case
Hrčak ID:
68265
URI
Publication date:
13.12.2010.
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