Abstract
The aim of the article is to analyze the phenomenon of “patient’s autonomy” as an object of criminal law protection. The article is divided into two parts. In this part, attention is focused on discussing possible grounds for criminal liability in case of violation of patient’s autonomy. It should be stressed that, of course, only some of the behaviors violating the legal good of patient’s autonomy is regulated by criminal law and may therefore result in criminal liability. The authors analyze offences whose commission by medical personnel may violate patient’s autonomy. In addition, they present statistics on the number of medical crimes for 2019.
Highlights
It should be noted that the principle of patient’s autonomy can and is violated by the state, government bodies, local authorities and other legal persons
The social harmfulness of such violations of law is much more serious than the crimes whose characteristics are defined in the Criminal Code of Ukraine
In view of the framework and purpose of this article which is the second part of the study,1 we analyze these statutory constitutive features of crimes that are committed by natural persons – medical and pharmaceutical workers
Summary
It should be noted that the principle of patient’s autonomy can and is violated by the state, government bodies, local authorities and other legal persons. The Criminal Code of Ukraine contains a provision in Article 131 (“Improper performance of professional duties resulting in infecting a person with HIV or other incurable infectious disease”), which is of special character in relation to the norm provided for in Article 141 CCU (“Violation of the rights of the patient”). Paragraph 3 of Article 144 CCU provides for further aggravating features (including the individual characteristics of the donor) The victims, in this case, may be people who are in a state of helplessness The offender under Article 143 CCU (“Violation of the statutory procedure for transplanting human organs or tissues”) may be of general or individual character It depends on the type of offence committed under this provision. Fenomen absolyutnoy viktimnosti patsiyenta v Ukraine, “Legea si viata” 2017 (April), pp. 36–40
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