Lecture 4 PURPOSE OF LECTURE to acquaint with

Lecture 4

PURPOSE OF LECTURE to acquaint with different crime types that associated with medical practice.

PLAN OF THE LECTURE 1. 2. 3. 4. 5. 6. 7. Concept of crime and forms of guilt. Crimes against life. Crimes against health. Crimes dangerous to life and health. Crimes against family, young people and morality. Crimes against freedom, honor and dignity. Crimes against constitutional freedoms and rights of the citizens. 8. Crimes in the sphere of economical activity. 9. Crimes in the sphere of ecology. 10. Crimes against administrative procedures and justice. 11. Other crimes of health workers. 12. Forensic medical examination in cases of health workers’ professional offences.

Crime is – a guilty socially dangerous act (action or inaction), forbidden by present Code under the threat of punishment. An act considered to be dangerous to society when it causes or creates a real danger of damage to the objects protected by present Code. (Article 14 of the Criminal Code of Uzbekistan)

GUILT FORMS • intentional • by carelessness: а) by self-assurance b) by inadvertence

CRIMES AGAINST LIFE Art. 97 – Intentional murder. Art. 102 – Causing death by inadvertence (negligence).

CRIMES AGAINST HEALTH Art. 104 – Intentional major (severe) bodily injury. Art. 105 – Intentional moderately severe bodily injury. Art. 109 – Intentional minor bodily injury. Art. 111 – Infliction of a severe or moderately severe bodily injury by negligence.

CRIMES DANGEROUS TO LIFE AND HEALTH Art. 113 – Spread of venereal diseases or AIDS. Art. 114 – Criminal abortion. Art. 116 – Inadequate discharge of professional duties. Art. 117 – Abandonment in danger.

CRIMES AGAINST FAMILY, YOUNG PEOPLE AND MORALITY. Art. 124 – Substitution of child. Art. 125 – Violation of adoption confidence. Art. 133 – Removal of people’s organs and tissues. Art. 134 – Outrage upon a grave.

CRIMES AGAINST FREEDOM, HONOR AND DIGNITY Art. 138 – Forced illegal deprivation of liberty. Art. 139 – Libel. Art. 140 – Insult.

CRIMES AGAINST CONSTITUTIONAL RIGHTS AND FREEDOMS OF CITIZENS Art. 144 – Violation of the citizens’ references law.

CRIMES IN THE SPHERE OF ECONOMICAL ACTIVITY Art. 189 – Violation of trade regulations or service providing. Art. 190 – Activity without license.

CRIMES IN THE SPHERE OF ECOLOGY AND NATURE USAGE Art. 193 – Violation of norms and requirements of ecological safety. Art. 194 – Intentional concealment or distortion of information due to environment pollution. Art. 195 – Failure to take liquidation measures against the consequences of environment pollution. Art. 196 – Pollution of environment. Art. 201 – Violation of rules of hazardous chemicals handling.

CRIMES AGAINST ADMINISTRATIVE PROCEDURES Art. 205 – Abuse of authority or official powers. Art. 207 – Official negligence. Art. 209 – Official forgery. Art. 210 – Acceptance of a bribe. Art. 214 – Extortion of remuneration.

CRIMES AGAINST JUSTICE Art. 238 – Perjury. Art. 239 – Disclosure of inquiry or pretrial inquest data. Art. 240 – Criminal procedure participants’ avoidance of execution of entrust duties.

CRIMES AGAINST PUBLIC SAFETY Art. 253 – Violation of rules of handling of radioactive materials. Art. 256 – Violation of safety regulations during the research activities. Art. 257 – Violation of rules of labor protection. Art. 2571 – Violation of sanitary law or rules of epidemics control.

OFFENCES THAT CONSTITUTE TRAFFICKING IN NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES Art. 275 – Violation of rules of producing or handling of narcotic drugs or psychotropic substances.

Execution of artificial pregnancy termination (abortion) by obstetrician or gynecologist outside the medical institution or in presence of contraindications is punished with a fine up to twenty-five minimal wages or with deprivation of specified right up to three years or with correctional work up to one year. Execution of abortion by a person without a right to it is punished with a fine from twenty-five to fifty minimal wages or correctional work from one to two years or with arrest up to three months.

Actions, provided for by parts one and two of present article, which caused by negligence: а) death of victim; b) other severe consequences, are punished with correctional works from two to three years or with a deprivation of liberty up to five years.

Failure to perform or inadequate discharge of professional duties by official as a result of negligent or dishonest treatment to them, which caused moderate severe or severe bodily injury, are punished with the deprivation of specified right up to three years or correctional work up to two years. Failure to render assistance to patient without valid reason by official bound to render it by the law or special regulations, which caused moderate severe or severe bodily injury, is punished with deprivation of specified right from three to five years or with correctional work from two to three years or with arrest up to three months.

Actions, provided for by parts one or two of the present article, which caused a person’s death by negligence, are punished with arrest from three to six months or with deprivation of liberty up to five years. Actions, provided by for part one or two of present article, which caused by negligence: а) human victims; b) other severe consequences, are punished with deprivation of liberty from five to eight years.

Abandonment without an assistance a person which stays in dangerous for life or health state and which is deprived of possibility to take measures for selfpreservation, if guilty was obliged and had a possibility to give a help, or put the victim in dangerous condition, which caused moderate severe or severe bodily injury, is punished with correctional work up to two years.

The same action, which caused person’s death, is punished with arrest up to six months or with deprivation of liberty up to three years. The same action, which caused: а) human victims; b) other severe consequences, is punished with the deprivation of liberty from three to five years.

Official negligence, that is failure to perform or inadequate discharge of professional duties by official as a result of negligent or dishonest treatment to them, which caused major damage or essential harm to the citizens’ rights or interests, provided by law, or to the state or public interests, is punished with a fine up to one hundred minimal wages or correctional work up to two years.

The same action, which caused infliction of the moderate severe or severe bodily injury, is punished with the fine from one hundred to three hundred minimal wages or with correctional works from two to three years or with arrest up to six months. The same action, which caused person’s death, is punished with deprivation of liberty up to five years and deprivation of specified right.

Official forgery, that is introduction by official for mercenary or other interest the knowingly false information and records in official documents, falsification or compilation and issuance of knowingly false documents, which caused essential harm to the rights or interests of citizens, protected by law, or to the state or public interests, is punished with the fine from one hundred to three hundreds minimal wages or with deprivation of specified right up to five years or with correctional work up to two years or with the deprivation of liberty up to three years.

The same action done: а) iteratively or by dangerous recidivist; b) in the interests of organized group, is punished with the fine from three hundred to six hundred minimal wages or deprivation of liberty up to five years with the deprivation of specified right up to three years.

NATURE OF DMC 1. 2. 3. DMC of diagnostics DMC of treatment Other

DMC OF DIAGNOSTICS Undetected fundamental illness (trauma) Undetected complication of fundamental illness (trauma) Undetected important associated illness Late diagnostics

DMC OF TREATMENT Late hospitalization Defects of surgical treatment Errors during the prescription and execution of medical procedures, irrational labor management Incorrect application of medical drugs Other defects of treatment

OTHER Violation of transportation regulations Disadvantages of regular medical check-up Disadvantages of medical documentation conduct Other

CAUSES OF DMC: 1. subjective 2. defects or organization 3. objective

SUBJECTIVE REASONS Careless attitude to patient Lack of qualification of medical staff Other

DEFECTS OF ORGANIZATION Disadvantages in organization of diagnostic-treatment process Lack of necessary diagnostic facilities Lack of necessary medical drugs

OBJECTIVE REASONS Late visit to a doctor Atypical clinical course (trauma) Objective difficulties in medical care

PLACE OF DMC PROVENANCE 1. Pre-hospital facilities 2. Hospital facilities 3. Other facilities

PRE-HOSPITAL FACILITIES RH, RMF Regional polyclinic Urban and provincial polyclinic, polyclinic departments of dispensary, maternity centers and others Ambulance Infirmary

HOSPITAL FACILITIES CRH (including maternity department); Regional hospital, regional dispensary (inpatient department) and others. Urban hospital (including maternity hospital); Clinic hospital; SSCE (including its branch establishments and emergency departments in other hospitals); Medical-sanitary department; Military hospital.

OTHER Private, self-sustained facilities; Sanatorium and health resorts; Children’s home; Home care; Draft board; MLEC.

INFLUENCE OF DMC ON THE OUTCOME Prolongation of treatment Disability Fatal outcome Influenced essentially on the outcome, facilitated the coming of death Had no influence on outcome Not detected Incorrect disability group