“Aritmie legislative” e nuovo statuto penale degli esercenti le professioni sanitarie

Translated title of the contribution: [Autom. eng. transl.] "Legislative arrhythmias" and new criminal statute for health professionals

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The examination of the recent regulations on the protection of criminals in the health professions releases two current trends, which seem to respond to a common criminal policy option. The first line is well embodied by the l. 24/2017 and from l. 219/2017, both promising flashes of non-punishment towards health professionals: the first in favor of those who observe the guidelines, the second in favor of those who respect the patient's willingness to refuse health treatment or to renounce it. The second trend line is in some ways opposite to the first, because it rediscovers the criminal law as an instrument of protection of the health professions, both through the changes made to the discipline of the abusive exercise, and through the announced law against violence against health professionals . In a certain sense, it could be said that the last two measures mark the passage of legislative attention from 'safety of care' to 'safety of health professionals'. Basically, to make a quick assessment, it is easy to obtain the following summary: less penal for health professionals, more penal for those who care for the interests of health professionals, with the scale that definitely hangs on the side of the latter. Through these four provisions, the legislator seems to have built a robust shield to protect a professional category that today more than ever can count on a particularly favorable statute.
Translated title of the contribution[Autom. eng. transl.] "Legislative arrhythmias" and new criminal statute for health professionals
Original languageItalian
Pages (from-to)325-336
Number of pages12
JournalCORTI SUPREME E SALUTE
Volume2020
Publication statusPublished - 2020

Keywords

  • esercenti professione sanitaria
  • legge Balduzzi
  • legge Gelli Bianco
  • legge fine vita
  • legge violenza medici
  • responsabilità penale

Fingerprint

Dive into the research topics of '[Autom. eng. transl.] "Legislative arrhythmias" and new criminal statute for health professionals'. Together they form a unique fingerprint.

Cite this