| Abstract [eng] |
The Master's thesis studies the liability of healthcare professionals for criminal acts committed by them in the public service and public interest. The topic is analysed by analysing various international and national legislation, relevant case law, the opinions of legal experts in criminal law doctrine and the views expressed by two groups of society: doctors and patients. The paper analyses the importance of health as a fundamental value and the mechanisms to protect it. Doctors are the main guardians of health, and it is therefore necessary to identify not only the value to be protected, but also the limits of this protection and what to do if these limits are crossed. The most important and legally problematic issues are the definition of these limits, that is the subject, the objective aspect of the act and the sanction imposed are the most important aspects of the application of liability, and this Master's thesis seeks to identify the characteristics of the doctor as a special subject, as well as the acts and omissions of doctors, by analysing a wide range of sources, when it was nevertheless necessary to act, in the context of the offences of bribery, influence peddling, malpractice and non-performance of official duties, the specific features of these acts, the reasons for them, the consequences that they have caused, and their assessment by the courts, by legal experts, by society and by doctors themselves. The sanctions, penalties, punishments, and criminal measures imposed for corruption offences committed by doctors and their preventive effect on the individual defendant and the medical community were also analysed. In addition, the aim was to reveal the significance of corruption crimes committed by doctors in the healthcare system not only for the patients directly affected, but also for the prestige of the medical profession, the sustainability of state institutions and the state itself. |
