Pravni vjesnik, Vol. 41 No. 2, 2025.
Review article
https://doi.org/10.25234/pv/30464
THE PRINCIPLE OF CERTAINTY OF VIOLATIONS AND THE RESPONSIBILITY OF DOCTORS AND HEALTH SERVICE PROVIDERS: DO WE PROTECT PATIENTS’ RIGHTS VIOLATIONS WITH INFLATION OF MISDEMEANOURS?
Sunčana Roksandić
orcid.org/0000-0003-3523-6032
; Faculty of Law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Croatia
*
Ivan Vukušić
; Faculty of Law, University of Split, Domovinskog rata 8, 21000 Split, Croatia
*
* Corresponding author.
Abstract
Misdemeanour law, due to its comprehensiveness, always causes certain reservations for the addressees. Given that scientific works largely ignore the analysis of general institutes of misdemeanour law, this paper analyses the aspect of the principle of legality that refers to the principle of certainty of the legal norm in the field of misdemeanour law related to the performance of health care, i.e. violations of the rules of medical practice. Considering the high requirements when formulating the definition of a particular misdemeanour, the paper points to the conditions that must be considered in order to realize the principle of certainty so that the addressees are familiar with the requirements that the legal order places before them and harmonize their behaviour. These aspects are analysed on individual examples from the positive misdemeanour legislation. The principle of certainty, as an institution of the general part of the Misdemeanour Code, is analysed on the example of the protection of patients’ rights through the way of prescribing misdemeanours in regulations of different legal force, which mostly include the responsibility of health care providers if they do not protect patients adequately.
Keywords
misdemeanour; healthcare worker; doctor; patient; principle of legality; principle of certainty
Hrčak ID:
333791
URI
Publication date:
31.7.2025.
Visits: 861 *