Investigative Committee To Protect The Rights Of The Fetus

Table of contents:

Investigative Committee To Protect The Rights Of The Fetus
Investigative Committee To Protect The Rights Of The Fetus
Video: Investigative Committee To Protect The Rights Of The Fetus
Video: ACADEMIA - S03 Ep03 / Crime investigation / Drama /english subtitles 2023, February
Anonim

Investigative Committee to protect the rights of the fetus

The Investigative Committee proposes to introduce the term "human fetus" into the article of the Criminal Code on the inadequate quality of medical care. Today, there is no criminal liability for the death of a child before his birth, and at the same time, almost a third of all complaints filed with law enforcement agencies belongs to the field of obstetrics. The medical community is strongly opposed to this initiative.

Investigative Committee to protect the rights of the fetus
Investigative Committee to protect the rights of the fetus

Photo: Google Images /

The Investigative Committee proposes to introduce the term "human fetus" into the article of the Criminal Code concerning the inadequate quality of medical care. Today, there is no criminal liability for the death of a child before his birth, and at the same time, almost a third of all complaints filed with law enforcement agencies belongs to the field of obstetrics. The medical community is strongly opposed to this initiative.

Fruit as a "subject of criminal law"

Draft new article of the Criminal Code 124.1. “Improper provision of medical care (medical services)” was discussed at a meeting of the Investigative Committee of Russia (IC) and the National Medical Chamber with the participation of representatives of the Ministry of Health, specialists in the field of neontology, obstetrics and gynecology, pathologists and forensic experts. (Today the Investigative Committee and the National Medical Chamber are jointly working on a draft special article in the Criminal Code, within the framework of which the cases of medical workers will be investigated)

According to the UK, the human fetus should be considered a subject of criminal law and this term should be present in the new article of the Criminal Code, under which the cases of medical workers will be investigated. The Constitution records the right to motherhood, and if the pregnancy develops normally, but due to the wrong actions or negligence of doctors, the fetus dies, then the perpetrators should be punished, the deputy said. Anatoly Sazonov, head of the Main Department of Criminalistics of the IC.

For the department, this issue is "principled", noted the head of the department of procedural control over the investigation of certain types of crimes of the IC Evgenia Minaeva. “The number of complaints about the death of the fetus is growing, criminal cases are being initiated, and often forensic experts establish a direct causal link between the actions of doctors and the death of the fetus,” Minaeva said. “But since the fetus has not yet separated from the mother, according to the law, death before the moment of birth does not fall under the articles of the Criminal Code, and we cannot hold doctors accountable for inadequate care during obstetrics and are forced to stop criminal prosecution.”

The initiative of the Investigative Committee did not find understanding among doctors

According to Dmitry Dyagterev, Chairman of the Council of the Russian Society of Neonatologists, the possibilities of modern perinatal diagnostics do not allow to accurately establish the causes of fetal death. And everything that is called fetal hypoxia is a generalized concept that can be associated with a dozen different intrauterine conditions and does not depend in any way on the actions or inactions of the obstetrician-gynecologist. The investigator will never be able to say for sure whether the doctor is right or wrong during the delivery and pregnancy, and the medical experts have little objective data, the expert said.

“We all already work within the framework of the law, there is a procedure for providing medical care, protocols and clinical recommendations, and if a doctor violates the standards, he will be punished,” said Leila Adamyan, chief obstetrician-gynecologist of the RF Ministry of Health. According to her, one cannot blame doctors who are not omnipotent - pregnancy is often unpredictable, complicated by various genetic pathologies, and sometimes the lifestyle that the expectant mother leads.

And the director of the National Medical Research Center of Obstetrics, Gynecology and Perinatology named after Academician V.I. Kulakov, Gennady Sukhikh, saw a conflict of interest in the SK's proposal. “If we accept the article in its current form, we will get not tens and hundreds, but tens of thousands of legal proceedings. Today, a whole class of lawyers was born who make money on this,”Sukhikh recalled.

Forensic experts suggest taking your time

Forensic experts believe that it is premature to introduce the term “fetus” into criminal legislation - this will lead to serious contradictions. According to Olesya Veselkina, a representative of the Association of Forensic Medicine Experts, in the field of obstetrics, a significant flow of complaints is indeed concentrated (20-30% of the total). However, there are practically no unambiguous situations when an examination can establish a direct causal relationship between the actions of doctors and the death of the fetus. “The wording in the draft article actually equates the death of the fetus with the infliction of grievous bodily harm, which does not always correspond to reality. Such a wording may lead to the fact that criminal cases will be appointed for each case of fetal death,”Veselkina said.

How are they

In no country in the world does the fetus appear as a subject of criminal law, is not considered as an independent person and until the moment of birth is not considered an independent organism, Adamyan said, stressing that she had specially studied this issue.

“The European Court of Human Rights also does not regard unborn children as subjects of law,” recalled Elena Baybarina, head of the department of medical care for children and the obstetric service of the Ministry of Health. - How would we, in this case, assess abortions for medical reasons or at the request of a woman? Improper care and a fetus that is not a subject of law cannot be considered in one bottle.

What to do

Lawyer of the National Medical Chamber, Lilia Aidarova, proposed, as a compromise option, to amend other regulations that would make it possible to respond to violations and complaints related to fetal loss.

The opinions of the doctors themselves were divided. Some suggested supplementing the definition of grievous harm to a woman's health with the provision that it was caused by termination of pregnancy (fetal death). Others insisted that if the doctor really admits a defect in the provision of care, then his fate should be decided by the medical community, and not by the investigating authorities. At the same time, the punishment can be very harsh - up to the prohibition to engage in professional activities, as is done in developed countries.

To refrain from dubious changes asked the UK and the President of the National Medical Chamber Leonid Roshal. “Today this will only lead to a flurry of complaints, under which the Investigative Committee will be buried,” Roshal is sure . “ For me, the main result of our joint work will be such an article in the Criminal Code, where it will be written that for unintentional complications the doctor will not go to jail.”

Popular by topic