Il “quadro in movimento” della colpa penale del medico,tra riforme auspicate e riforme attuate

The article deals with possible interpretations and critical issues of the so called "decreto balduzzi", namely a recent Italian reform which has introduced new standards for the evaluation of criminal negligence occurring in the course of the provision of clinical or medical service. The main problems of such reform lies in its reference to the medical guidelines,which, being distinct from the duty of care rules aimed at preventing events damaging for the patients, are deemed by the author as unsuitable for a trustworthy assessment of criminal negligence of doctors.