La disciplina della responsabilità penale degli esercenti le professioni sanitarie. La proposta di riforma dell’Associazione Italiana dei Professori di Diritto Penale

[Autom. eng. transl.] The Italian Association of Professors of Criminal Law has drawn up a draft to reform the legal framework for criminal responsibility of health care practitioners. The most important elements of this project are: 1) the disappearance of the reference to the clinical guidelines; 2) the definition of gross negligence, valid for the three shapes of the so called “generic guilt”; 3) a list of criteria to assist the judge in the assessment of the gross negligence, such as the operational setting and the professional experience/background; 4) worthy of attention is also a great weakness in healthcare facility, if compliance programs to manage clinical risk are not taken or not effectively carried out.