Abstract

The article analyzed the conflict between Part 2 of Article 109 of the Criminal Code of the Russian Federation Causing death by negligence, due to improper performance of professional duties and Part 2 of Article 238 of the Criminal Code of the Russian Federation Production, storage, transportation or sale of goods and products, performance of works or provision of services that do not meet safety requirements, which inadvertently caused serious harm to health or death of a person. The author generalized the doctrinal positions that have developed in the science of criminal law regarding the differentiation of these compositions, analyzed individual precedents from judicial practice in cases of crimes committed by medical professionals. The author considered individual aspects of the elements of crimes described in Part 2 of the Article 109 of the Criminal Code and paragraph “b” of Part 2 of Article 238 of the Criminal Code. The author suggested to distinguish these compositions depending on the functions performed by a medical professional who committed an act that caused harm.

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