Theoretical and case-law considerations on the professional negligence of doctors that could result in criminal, not only civil, liability

Autor: Adrian HĂRĂTĂU
Publicat în: Challenges of the Knowledge Society 2017
Disponibil online: aici.
Abstract: In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4) of the Criminal Code, as follows: “An offence is perpetrated in negligence when the offender: a) foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b) does not foresee the outcome of his actions, although he should and could have.” This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6) of the Criminal Code “an offence committed in negligence amounts to a criminal offence when expressly provided by law”.
Keywords: guilt; negligence; criminal liability.