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Iatrogenic Crimes: Concept and Types

Student: Baiborodova Daria

Supervisor: Yulia Gracheva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

The aim of the paperwork is to find the gaps in the legal regulation of iatrogenic crimes based on the analysis of the concept and types of this category of socially dangerous illegal acts, and to suggest ways to fill them. The main hypothesis is that iatrogenic crimes, being part of crimes against life and health, have a specific characteristic determined by the subject of the crime. The following tasks were set in the framework of the study: to determine the role of medical ethics in criminal law regulation; to find out whether a medical worker should be criminally liable for committing medical errors; to derive essential characteristics of iatrogenic crimes and, on that basis, to formulate their definition; to analyze the objective and subjective elements of iatrogenic crimes; to find out whether crimes, related to editing of the human genome, can be considered as iatrogenic; to identify gaps in the legal regulation of iatrogenic crimes and to suggest ways to fill them if it is necessary. This work presents the main features of iatrogenic crimes and the author's definition derived from them. It is proposed to enshrine the definition of medical error, which is also formulated in the work. We also identify criteria by which socially dangerous illegal acts belong to iatrogenic and give the classification of iatrogenic crimes based on an analysis of the objective and subjective elements of this type of crimes. The author comes up with the conclusion that socially dangerous acts related to editing of the human genome, rather, can not be considered as iatrogenic. Medical workers have a specific status, which makes it possible to distinguish iatrogenic crimes as a separate group of socially dangerous illegal acts, even though the medical worker does not appear as a special subject in the Criminal Code of the Russian Federation.

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