Medical Crimes Committed with Reckless Guilt

Currently, in Criminal law, the most widespread professional crime is one, committed by medical personnel by negligence. Moreover, in Russian criminal legislation, there is a lack of clear regulation devoted to health workers’ liability and absence of a definition of the professional subject of crime covered by Criminal Code of the Russian Federation. Improvement of current normative basis and making consensus on clear and united definitions of such terms as “medical worker”, “medical error”, “professional negligence” will eliminate conflicts in the legislation, facilitate the practical activity of the state authorities, help to classify medical crimes with reckless guilt. In this research, the focus was on the crimes of health workers committed with reckless guilt. First of all, it was determined in the work what kind of activity is currently medical, the basic concepts and problems arising in the implementation of medical activity were determined. It was concluded that the legislative consolidation of these concepts is necessary to eliminate fuzzy and misinterpretations; introducing certainty into such directly related categories as “medical practice”, “medical intervention”, “medical error”, “medical commission” and differentiation of the notions “doctor”, “attending doctor” and “doctor”. It was also found in the work that doctors should not be considered officials only in connection with their profession, not every medical officer is an official. After wide investigation, the author can potentially propose that it is necessary to form a single conceptual apparatus and work it out in special norms of the Criminal Code of the Russian Federation, as well as develop clear criteria for establishing a causal link between the doctor’s actions (inaction) and the negative consequences that have occurred.