La responsabilità penale dell’esercente la professione sanitaria dopo la L. n. 24 del 2017... “quo vadit”? Primi dubbi, prime risposte, secondi dubbi

Translated title of the contribution: [Autom. eng. transl.] The criminal liability of the health professional after the L. n. 24 of 2017 ... "quo vadit"? First doubts, first answers, second doubts

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The so-called Gelli-Bianco law is a system law, which affects the sources of responsibility of the healthcare professional. Also the criminal responsibility is considered by the reform intervention, with which a laboriously acquired datum is abandoned - the graduation of guilt in function of an of reproach - and the path undertaken with the so-called Balduzzi law is reaffirmed: the non punishment of the doctor anchored to its ability to weave a critical relationship with the guidelines, subjected to a validation process that tests its strength and guides compliance, thus helping to define the expertise of the professional. It will be up to the jurisprudence to define "what is dead" and "what is alive" of the old legislation, in a passage fraught with questions on the effective reduction of the criminal risk for white coats.
Translated title of the contribution[Autom. eng. transl.] The criminal liability of the health professional after the L. n. 24 of 2017 ... "quo vadit"? First doubts, first answers, second doubts
Original languageItalian
Pages (from-to)293-300
Number of pages8
JournalDANNO E RESPONSABILITÀ
Publication statusPublished - 2017

Keywords

  • art. 590-sexies c.p.
  • legge Gelli-Bianco
  • linee guida
  • malpractice

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