The expert said that the introduction of new articles in medical errors, unnecessary measure

© RIA Novosti / Nikolay to Hinakura in fotobanka with a syringe. Archival photo<img src="/wp-content/uploads/sites/5/2018/07/eeee9ed40c42925299418625e575bb65.jpg" alt="The expert said that the introduction of new articles in medical errors, unnecessary measure” />© RIA Novosti / Nikolay to Highacidity the image Bank

The penal code contains adequate rules for the qualification of the criminal actions of physicians and pharmacists, they must correctly apply and make new articles just confuse everyone, the managing partner of the law firm «AVEKS YUST» Igor Bushmanov.

As told reporters on Friday the official UK representative Svetlana Petrenko, Russia’s Investigative Committee and representatives of the National medical chamber proposes to introduce into the criminal code a new article for correct qualification of medical errors. Thus, it is proposed the introduction of new articles in the criminal code: Article 124.1 «Improper rendering of medical care (medical services)»; section 124.2 «Concealment of a violation of medical aid»; statement in the new edition of article 235 of the criminal code: «Unlawful to carry out medical and (or) pharmaceutical activities».

«Currently, in society, and especially in the system of the RF IC, after the recent high-profile cases against health care workers is an issue about the correctness of qualification of actions of experts, sworn to Hippocrates,» — said Bushmanov RIA Novosti.

In his opinion, the division of existing offences, the introduction of new fuzzy legal notions to anything positive yet not given.

«In the existing penal and procedure codes sufficient standards by which to classify certain wrongful actions of employees of medical institutions or pharmaceutical companies. And their proper use depends on the professionalism and knowledge of laws professionals producing investigative actions», — said the lawyer.

He believes attempts to specify the various articles of the criminal code and the criminal procedure code under a specific industry or sphere of human activity a bad practice. «As a result, our legislation will begin to be excessive, in the opinion of any professional, industry «specificity». All of this brings chaos and confusion in sectoral legislation, and can also create a wide field for provocations by law enforcement agencies,» — said Bushmanov.

He recalled that in civil law through various konkretizatsii enforcers have already received a lot of legal collisions.

«Article in one law began to contradict the article in the other. To understand these twists and turns often not even the representatives of the professional legal community, including judges. Similar edits UK can also cause unnecessary problems for enforcement officers, and consumers imposed on their services,» — said the lawyer.

In his opinion, the same amendment to article 235 of the criminal code «Unlawful to carry out medical and (or) pharmaceutical activities» requested in the new edition, well within the current articles on illegal business activity. If the relationship between doctors and patients in the modern realities require a more clear legal regulation, the issue needs a comprehensive approach, and it would not be close to making formal changes in the criminal code, the lawyer said.

«Yes, and it is unlikely that such measures will strengthen the protection of rights of Russian patients and victims of consumers of medical services. So new, the law isn’t always better-tested practice of old,» — said Bushmanov.