Delimitación de la responsabilidad penal médico-sanitaria en el trabajo de equipo

Abstract

The purpose of this research work is to set the limits of criminal liability in the medical-healthcare field by addressing the reckless modality (the one with more cases) without forgetting crimes doing with intent, where the denial of health care is analyzed (article 196 of the Spanish Criminal Code). To this end, this research has four chapters, which attempt to answer specific questions that seek to achieve a more efficient legal-penal imputation under the basic principles of Criminal Law that are usual in a State under the Rule of Law. In Chapter I, this research highlights the most relevant characteristics of recklessness, delimiting the duty of care and establishing the concept of medical lex artis as a fundamental figure in the determination of criminal liability. Subsequently, Chapter II establishes parameters to set limits for the liability on the medical-health crimes made in teamwork. For this purpose, the principles of division of work, trust, and prohibition of return are sub-institutes of objective imputation, applying them to practical cases in medical-health work. Chapter III examines the authorship and reckless participation in the medical-health field, according to the level of contribution of each participant in the result. This topic is highly debated for scholars and has scarce development in case law. This chapter concludes with an extensive concept of authorship based on the theory of the objective and positive determination of the conduct...