Problems of regulating liability for criminal offences against the life and health of a person committed in the sphere of healthcare

Abstract

The Criminal Code of Ukraine provides for several special provisions on liability for violations against human life and health committed in the healthcare sphere, the application of which gives rise to many difficulties and law enforcement errors. However, the lack of consistency of such provisions establishes risks of non-compliance with the principle of fairness in bringing a person to criminal liability and imposing punishment. The purpose of the research is to identify the most optimal solution to the problem of legislative regulation of liability for causing harm or establishing a threat of harm in the healthcare sphere. The key research method is a logical and legal study of the Ukrainian criminal law provisions related to liability for healthcare offences. Based on the results of the study, it is proposed to construct Articles 134, 139, 140, 142 and 143 of the Criminal Code of Ukraine according to the same scheme: in the third part of Article 134 and the first parts of the rest of these provisions, criminal liability for the acts provided for therein should be linked to the establishment of a danger to the patient’s life or the threat of causing serious bodily harm; in the following parts of these provisions, to provide for the rules on qualified criminal offences under the scheme “the same act if it caused moderate or serious bodily harm”, and the rules on particularly qualified criminal offences under the scheme “the same act if it caused the death of the patient”. Based on the current sanctions of these provisions, and the sanctions of the general provisions on criminal liability for negligent infliction of bodily harm, the author proposes typical penalty limits for the proposed provisions. The author substantiates the expediency of excluding Articles 132, 141 and 145 of the Criminal Code of Ukraine. The conclusions drawn within the framework of this research can be used in lawmaking activities to develop amendments to the Criminal Code of Ukraine, and in law enforcement activities to qualify criminal offences committed in the healthcare sphere.