Abstract
[Autom. eng. transl.] The work takes its cue from a sentence on the responsibility of the doctor's omission fault. After reviewing the various guidelines on the ascertainment of the causal link in omission crimes and on the relationships between omission and negligence, we highlight the logical-regulatory limits of an approach that tends to distort the ascertainment of the causal link in a purely normative evaluation of merit of punishment. In this context we try to argue for the solution according to which in the omissive crimes the ascertainment of the causal efficacy of the licit alternative behavior must be conducted according to the canons of all reasonable doubt.
| Translated title of the contribution | [Autom. eng. transl.] Omissive causality and fault: medical liability and regulatory logics of criminal event law |
|---|---|
| Original language | Italian |
| Pages (from-to) | 1671-1688 |
| Number of pages | 18 |
| Journal | Rivista Italiana di Medicina Legale e del Diritto in Campo Sanitario |
| Volume | 2012 |
| Publication status | Published - 2012 |
Keywords
- Responsabilità medica
- accertamento
- colpa
- omissione
