scholarly journals Conflicts of Doctor’s Duties in the Case of an Extreme Shortage of Intensive Care Beds and the Good Samaritan Clause from the Perspective of Criminal Law

2021 ◽  
Vol 26 (6) ◽  
pp. 163-183
Author(s):  
Marta Romańczuk-Grącka
Keyword(s):  
Functional Analysis ◽  
Intensive Care ◽  
Criminal Law ◽  
Criminal Liability ◽  
Healthcare Services ◽  
Healthcare Systems ◽  
Doctor Who ◽  
Good Samaritan ◽  
The Many ◽  
The Relationship

Abstract The Covid-19 pandemic has exposed many weaknesses of healthcare systems. An example of a crisis situation is the case of a doctor who has to make a decision about qualifying a patient with COVID-19 for an intensive care bed when there are not enough such beds and when, out of the many obligations to save lives, he can choose and fulfil only one. The aim of this paper is to analyse the criteria of establishing the priority in access to intensive care, to settle the conflict of obligations in regard to criminal liability, with respect to Art. 26 § 5 of the Polish penal code regarding the doctor’s decision to provide, or to not provide, healthcare services including intensive care given the extreme shortage of the beds, to determine the scope of legal safety guarantees laid down in the good Samaritan clause and the relationship between the conflict of duties and the clause. The work is theoretical with the use of a formal-dogmatic and functional analysis of Polish criminal law.

2. Criminalizaton: historical, legal, and criminological perspectives

2017 ◽  
Author(s):  
Nicola Lacey ◽  
Lucia Zedner
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Building Blocks ◽  
Historical Contingency ◽  
England And Wales ◽  
Close Relationship ◽  
Recent Developments ◽  
Shifting Boundaries ◽  
The Relationship ◽  
Over Time

This chapter examines the relationship between legal and criminological constructions of crime and explores how these have changed over time. The chapter sets out the conceptual framework of criminalization within which the two dominant constructions of crime—legal and criminological—are situated. It considers their respective contributions and the close relationship between criminal law and criminal justice. Using the framework of criminalization, the chapter considers the historical contingency of crime by examining its development over the past 300 hundred years. It analyses the normative building blocks of contemporary criminal law to explain how crime is constructed in England and Wales today and it explores some of the most important recent developments in formal criminalization in England and Wales, not least the shifting boundaries and striking expansion of criminal liability. Finally, it considers the valuable contributions made by criminology to understanding the scope of, and limits on, criminalization.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

scholarly journals Discussion issues of the relationship between criminal responsibility and bringing a person as an accused (part 1)

2021 ◽  
pp. 79-84
Author(s):  
Maksim Lapatnikov ◽  
Nikolay Letelkin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Scientific Article ◽  
Procedure Code ◽  
The Russian Federation ◽  
Adversarial Model ◽  
The Relationship

The issues of determining the essence of criminal liability as a central category of criminal law, its foundations, moments of emergence and termination are traditionally in the focus of legal science. But no less acute, it seems, is the question of the relationship between prosecution as an accused and criminal liability, as well as, in general, an analysis of the very concept of “bringing to criminal liability”. Addressing this topic, the presentation is relevant and necessary in order to analyze the theoretical and normative ideas about the above phenomena in the context of an adversarial model of justice, to which, based on federal sources (part 3 of article 123 of the Constitution of the Russian Federation; article 15 of the Criminal procedure code the Russian Federation is striving for our country The presented scientific article is the first part of the author’s research on this topic.

scholarly journals Klauzula dobrego samarytanina, czyli nowy kontratyp w związku z przeciwdziałaniem COVID-19

2021 ◽  
Vol 33 (2) ◽  
pp. 35-51
Author(s):  
Marcin Burdzik ◽  
Keyword(s):  
Health Care ◽  
Criminal Law ◽  
Medical Errors ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Comprehensive Analysis ◽  
The Other ◽  
Fault System ◽  
Good Samaritan ◽  
The One

‘The Good Samaritan Clause’ is a new justification, which exclude criminal liability for non-blatant and unintentional medical error. The solution adopted is, on the one hand, an important precedent in the approach to the issue of medical errors and represents turn towards the ‘no fault’ system. On the other hand, it may adversely affect the implementation of certain functions of criminal law. The aim of the article is a comprehensive analysis of the justification introduced, an attempt to assess its legitimacy and impact on the health care system and the fundamental assumptions of the state's criminal policy in the context of criminal law functions.

EVALUATION OF THE SHORT-TERM IMPACT OF COVID-19 IN A LARGE DISTRICT GENERAL HOSPITAL

2021 ◽  
pp. 14-15
Author(s):  
Natalie Hamer ◽  
Ashley Brown ◽  
Trisha Jha ◽  
Oladiran Olatunbode ◽  
Madan Jha
Keyword(s):  
Intensive Care ◽  
General Hospital ◽  
Service Provision ◽  
District General Hospital ◽  
Healthcare Services ◽  
Healthcare Systems ◽  
Surgical Service ◽  
Short Term ◽  
Tertiary Centre ◽  
Additional Strain

Intro: Since December 2019, SARS-CoV-2 has had a dramatic impact on the global landscape. One of the biggest challenges has been the additional strain that the virus has put on healthcare systems. Although there has been much data on the direct affects of COVID-19 on intensive care beds and ventilator availability, there has been little exploration into the wider impacts that the restrictions brought about by COVID-19 have had on the provision of other healthcare services. We designed this study to explore how Aim: COVID-19 has impacted surgical service provision at a tertiary centre. We Methods: compared the number and types of general surgeries carried out at a single hospital in the six months prior to the initial UK COVID-19 outbreak (September 2019 - February 2020) and the six months after (March 2020 - August 2020). We found that since March 2020 there has been a 70% decrease i Results: n the number of operations being carried out, with numbers dropping from a pre-COVID surgery number of 1761 to a post-COVID number of 529. This mainly affected elective procedures however, with emergency surgeries remaining relatively constant (48 pre-COVID vs 44 post-COVID). COVID-19 has Conclusion: caused a signicant decrease in the number of surgeries being undertaken. This is due to a combination of factors including stafng issues, reduced investigation, and national mandates requesting the cessation of non-urgent procedures. Although this has mainly affected elective operations, it is likely to have a larger impact in the future as surgical waiting lists continue to grow

The Incorporation of Continental Shelf Rights into United Kingdom Law

1996 ◽  
Vol 45 (1) ◽  
pp. 13-51
Author(s):  
Geoffrey Marston
Keyword(s):  
United Kingdom ◽  
Continental Shelf ◽  
Criminal Law ◽  
Basic Concept ◽  
Law Of The Sea ◽  
Uk Government ◽  
The Law ◽  
The Many ◽  
The Uk ◽  
The Relationship

On 9 September 1958 the UK government signed the Convention on the Continental Shelf, which had been concluded in Geneva on 29 April 1958 following a UN conference on the law of the sea at which three other conventions were concluded.2 On 11 May 1964 it ratified the Convention, which came into force on 10 June 1964.3 Meanwhile, on 15 April 1964, the Continental Shelf Act received the royal assent. Although the Act's long title indicates that it gives effect to certain provisions of the Convention on the High Seas,4 it does not expressly mention the Continental Shelf Convention. Yet the relationship between this Convention and the Act is more than a mere coincidence of time and title. It is the purpose of this article to investigate only one of the many important problems to which this relationship gave rise, namely how the basic concept of continental shelf rights as embodied in Article 2(1) of the Convention was incorporated into UK law. Other problems, such as the application to the shelf of UK civil and criminal law, will have to await discussion elsewhere.

scholarly journals From the Beginning to the End of the Criminal Law

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Trinh Tien Viet
Keyword(s):  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Company Law ◽  
Viet Nam ◽  
Study Guides ◽  
Doi Moi ◽  
The Relationship

By studying of crime and criminal liability, this article clarifies the role of criminal law in social life, the content of the relationship between crime and criminal liability as the meaning of the issues of the beginning and the end of the criminal law, thereby, indicates the forms of consequences to dangerous acts to society (damage acts to society) when those occur in practice judgement. Keywords Crime, criminal liability, criminal law, the beginning, the end References [1] Kỷ yếu Tọa đàm khoa học “Những điểm mới của Phần thứ nhất - Những quy định chung trong BLHS năm 2015, sửa đổi năm 2017” do Bộ môn Tư pháp Hình sự, Khoa Luật, Đại học Quốc gia Hà Nội tổ chức, Hà Nội, ngày 12-7-2017.[2] Đào Trí Úc, Luật hình sự Việt Nam (Quyển 1 - Những vấn đề chung), Nxb. Khoa học Xã hội, Hà Nội, 2000, tr.78.[3] https://study.com/academy/lesson/what-is-criminal-law-definition-purpose-types-cases.html, truy cập ngày 05-3-2018.[4] Hoàng Thị Kim Quế (chủ biên), Giáo trình Lý luận chung về Nhà nước và pháp luật, Nxb. Đại học Quốc gia Hà Nội, 2006, tr.83.[5] Trịnh Tiến Việt (chủ biên), Bảo vệ tự do và an ninh cá nhân bằng pháp luật hình sự Việt Nam, Nxb. Tư pháp, Hà Nội, 2015, tr.50-51.[6] https://www.cliffsnotes.com/study-guides/criminal-justice/criminal-law/func tions-of-criminal-law, truy cập ngày 05-3-2018.[7] Lê Cảm, Các nghiên cứu chuyên khảo về Phần chung luật hình sự (Tập III), Nxb. Công an nhân dân, Hà Nội, 2000, tr.22.[8] Trịnh Tiến Việt, Kiểm soát xã hội đối với tội phạm, Nxb. Chính trị Quốc gia, Hà Nội, 2014, tr.233.[9] Stephen A. Saltzbufg, John L.Diamond, Kit Kinports, Thomas H.Morawetz, Criminal Law: Cases and materials, The Michie Company, Law Publishers, 1994, p.1.[10] http://www.zurnalai.vu.lt/files/journals/196/articles/3677/public/77-85.pdf (KAUKOAROMAA, Crime and criminal policy, p.1-3), truy cập ngày 05-3-2018.[11] Http://www.ussc.gov/Guidelines/2009_guidelines, truy cập ngày 05-3-2018.[12] Nguyễn Ngọc Hòa, Tội phạm và cấu thành tội phạm, Nxb. Tư pháp, Hà Nội, 2005, tr.8.[13] Lê Văn Cảm, Sách chuyên khảo Sau đại học: Những vấn đề cơ bản trong khoa học luật hình sự (Phần chung), Nxb. Đại học Quốc gia Hà Nội, 2005, tr.627-632.[14] Đào Trí Úc, Nhà nước và pháp luật của chúng ta trong sự nghiệp đổi mới, Nxb. Khoa học Xã hội, Hà Nội, 1997, tr.695.[15] Bộ Giáo dục và Đào tạo, Giáo trình những nguyên lý cơ bản của Chủ nghĩa Mác-Lênin, Nxb. Chính trị Quốc gia, Hà Nội, 2010, tr.79.[16] Bộ Giáo dục và Đào tạo, Triết học Mác - Lênin, Tập 2, Nxb. Chính trị Quốc gia, Hà Nội, 1993, tr.98.[17] Trịnh Tiến Việt, Tội phạm và TNHS, Nxb. Chính trị Quốc gia, Hà Nội, 2013, tr.3.[18] Trịnh Tiến Việt, Pháp luật hình sự Việt Nam về miễn TNHS và thực tiễn áp dụng, Nxb. Đại học Quốc gia Hà Nội, 2013, tr.187-201.[19] Trần Thị Quỳnh, Miễn hình phạt trong BLHS năm 2015, sửa đổi năm 2017 và một số vấn đề đặt ra, Tạp chí Tòa án nhân dân, số 1-2018, tr.14.[20] Phạm Văn Đoàn, Nguyễn Văn Siêm (dịch), Tâm thần học, Nxb. “MIR” Matxcơva và Nxb. Y học Hà Nội, 1980, tr.181-200.

scholarly journals Criminal law measures and criminal liability: scientific discussion and search for solutions

2020 ◽  
Vol 14 (4) ◽  
pp. 542-551
Author(s):  
Yurii E. Pudovochkin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Scientific Discussion ◽  
Administrative Supervision ◽  
Legal Nature ◽  
Real Phenomenon ◽  
The Common ◽  
The Difference ◽  
The Relationship ◽  
Official Recognition

The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in case of commission of a crime. In this regard, measures imposed on persons who have committed a socially dangerous act before reaching the age of criminal liability or in a state of insanity should be excluded from the list of measures of a criminal legal nature. The difference between liability and criminal law measures is that liability requires official recognition of a person guilty of committing a crime, while criminal law measures can also be applied in the absence of a decision on guilt, when a person is exempt from criminal liability. Based on this, all criminal law measures are divided into two groups: a) measures applied outside the scope of liability, and b) measures that are part of liability. We give the nomenclature of each of them and identify promising opportunities for their expansion. In particular, the list of criminal law measures may be supplemented with community service, limited paid work, and administrative supervision. Keywords: criminal liability; measures of a criminal-legal nature; criminal punishment; conditional conviction; criminal record; administrative supervision; criminal-legal attitude.

scholarly journals Pertanggungjawaban Pidana Bagi Pelaku Penyertaan (Deelneming) Yang Tidak Memiliki Kualitas Pribadi dalam Tindak Pidana Korupsi

2020 ◽  
Vol 4 (1) ◽  
pp. 67
Author(s):  
Abdul Muflihun ◽  
Ufran Ufran
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Criminal Liability ◽  
Court Decisions ◽  
Legal Basis ◽  
Legal Research ◽  
Legal Decisions ◽  
Personal Qualities ◽  
Relationship Of ◽  
The Relationship

This study was to determine the criminal liability for the actors of participants who did not have personal qualities in corruption and to find out the legal considerations of judges in court decisions against the actors of participants who did not have personal qualities in criminal acts of corruption. The research method used was a normative legal research method. Participants who had no personal quality could be held crimanally accountable, the basis of the consideration was first because there was no clear legal basis and secondly supported by the opinions of several experts in criminal law. The relationship of each participant was not separate from one another but becomes a unity, meaning that one actors could also determine the other actors accountability. A clarity was needed on whether or not perpetrators who did not have personal qualities were accountable for their actions, namely by making legal decisions that remain jurisprudential or making new articles formulated in the upcoming law on corruption eradication.

scholarly journals Criminal law measures and criminal liability: scientific discussion and search for solutions

2020 ◽  
Vol 14 (4) ◽  
pp. 460-472
Author(s):  
Yu.E. Pudovochkin ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Scientific Discussion ◽  
Administrative Supervision ◽  
Legal Nature ◽  
Real Phenomenon ◽  
The Common ◽  
The Difference ◽  
The Relationship ◽  
Official Recognition

The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in case of commission of a crime. In this regard, measures imposed on persons who have committed a socially dangerous act before reaching the age of criminal liability or in a state of insanity should be excluded from the list of measures of a criminal legal nature. The difference between liability and criminal law measures is that liability requires official recognition of a person guilty of committing a crime, while criminal law measures can also be applied in the absence of a decision on guilt, when a person is exempt from criminal liability. Based on this, all criminal law measures are divided into two groups: a) measures applied outside the scope of liability, and b) measures that are part of liability. We give the nomenclature of each of them and identify promising opportunities for their expansion. In particular, the list of criminal law measures may be supplemented with community service, limited paid work, and administrative supervision.

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