Crimes medical

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Crimes medical - vocational or vocational officials offence of medical workers (physicians, feldshers, midwives and others), which is a crime, punishable under existing criminal laws; in contrast, the misconduct of health workers are subject to administrative, disciplinary or civil responsibility. The crime is characterized by the presence of an offence provider of public danger of committed act (action or inaction). If the offence does not contain a public danger, it qualifies as a misdemeanor, such as failure to comply with the internal regulations of medical or sanitary-and-epidemiologic institutions, violations of labour, production, service discipline, negligent infliction of property damage (damage to the equipment, mismanagement in the management of chemicals, medicines and so on).
In "the Basics of legislation of the USSR and Union republics on health care", approved at the session of the Supreme Soviet of the USSR on December 19, 1969 and entered into force on 1 July 1970, specify the rights, obligations, terms of origin and forms of responsibility of medical and pharmaceutical workers. This law prohibits the activity of medical and pharmaceutical activities to persons admitted to it in accordance with the established procedure and determines liability for unlawful conduct, the violation of medical and pharmaceutical workers of professional duties and the violation of sanitary-hygienic and sanitary-epidemiological rules and norms. The law, by introducing the obligation to maintain medical confidentiality, indicates that doctors and other health care professionals may not disclose received during the performance of professional duties of information about the illness, personal and family life of the patient. However, the heads of medical institutions should inform the health authorities information about the disease citizens when it serves the interests of public health, as well as investigative and judicial authorities upon their request (article 16). Legal comments define a breach of confidentiality as an illegal action, regardless done it intentionally or by negligence. Ways disclosure can be: message in conversation, report, a private letter, introduction of unauthorized persons with the data of medical documents, publication of information in the scientific work without change of surname, name or patronymic of the patient, and so on
The current criminal code of the RSFSR (1960) and the criminal codes of the Union republics contain a number of articles directly involving health workers to criminal liability for failure to render medical aid, the violation of the rules established in order to combat epidemics, illegal abortions, for violation of the rules of accounting, transportation, delivery, and production of drugs and other poisonous substances, storage and dispatch them to market.
"The fundamentals of legislation of the USSR and Union republics on health care" defines that "medical and pharmaceutical workers are obliged to provide emergency medical assistance to citizens in the road, on the street and in other public places and at home" (article 33). The penal law provides for the punishability of "lack of treatment to the patient without reasonable cause by the person obliged to provide by law or by a special rule (for example, item 128 of the criminal code of the RSFSR); this applies equally to the doctor, the nurse, the nurse on duty ambulance and other Guilty compounded by the health worker and the punishment increases, if failure to render aid "caused or knowingly could result in death or other grave consequences for him" (for example, the deterioration of the disease, serious bodily injury, etc). The basics of legislation on health care is also provided disciplinary, administrative or criminal responsibility for violation of sanitary-hygienic and sanitary-epidemiological rules (article 18). Such violation shall be punishable as a penal offence, "if it resulted or could result in the spread of epidemic and other contagious diseases" (for example, senior 222 of the criminal code of the RSFSR).
Abortion artificial abortion is illegal and in violation of the provisions of the Decree of the Presidium of the Supreme Soviet of the USSR of November 23, 1955 "On the abolition of the prohibition of abortion", if the doctor has made this operation outside the facility, regardless of whether there was or was no medical indications for abortion (for example, item 116 of the criminal code of the RSFSR). The doctor's responsibility is excluded only in case when he acted with extreme to the fact necessary, for example, if for medical reasons, abortion should be made immediately, and the pregnant woman cannot be transported (for example, item 14 of the criminal code of the RSFSR).