This contribution aims at investigating the relationship between disciplinary proceedings and criminal proceedings, by initially focusing on the rules governing the disciplinary proceedings of the Orders of the health professions. The entire analysis is enriched by a constant comparison with the most significant rulings of the Central Commission for the Practice of the Health Professions (CCEPS). What steams from this review of case law is, first of all, a clear trend towards an interpretation of the rules which implies the progressive extension, to the disciplinary proceedings, of the right of defense and of some safeguards of the criminal process. The article then goes on to establish what relevance might a disciplinary offense have within the criminal frame. What is specifically investigated is whether the breach of a rule embodied in the Code of Medical Ethics of 2006 would amount to a breach of a precautionary measure, a necessary precondition of the crime manslaughter. This outcome is somehow doubted, given the unclear and undefined content of the professional conduct rule. Specific attention is finally dedicated to the issue of the criteria which have to be used in order to determine the disciplinary action, as well as to the effectiveness of the criminal judgment and of the filing of the criminal proceedings.
|Translated title of the contribution||[Autom. eng. transl.] THE DISCIPLINARY SYSTEM OF THE ORDERS OF THE HEALTH PROFESSIONS IN RELATION TO THE CRIMINAL PROCEDURE THROUGH THE ANALYSIS OF THE DISCIPLINARY LAW|
|Number of pages||21|
|Journal||RIVISTA ITALIANA DI MEDICINA LEGALE E DEL DIRITTO IN CAMPO SANITARIO|
|Publication status||Published - 2012|
- Disciplinary proceedings, criminal proceedings, right to defense, professional conduct rules, principle of proportionality of sanctions
- Procedimento disciplinare, processo penale, diritto di difesa, regole deontologiche, principio di proporzionalità delle sanzioni