Gydytojo baudžiamoji atsakomybė: ultima ratio ar kasdienybė?
Articles
Rugilė Karčinskaitė
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Viktorija Jonuškaitė
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Published 2025-11-14
https://doi.org/10.15388/TMP.2025.6
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Keywords

doctor
subject
criminal liability
ultima ratio

Abstract

In this article, based on the criminal codes of the Republic of Lithuania and foreign countries, court practice, case law, including the case law of the European Court of Human Rights, and legal doctrine, the aim is to analyze the application of criminal liability as an extreme measure (ultima ratio) to a doctor. This goal is achieved by also revealing the concept of the doctor as a special subject of a criminal offense in the systems of continental and common law traditions. The article examines whether a doctor is held criminally liable in all cases when a patient dies or suffers health impairment. The analysis indicates that although doctors are considered special subjects of criminal offenses, they are subjected to criminal liability in the usual manner. Attention is also drawn to foreign countries where the legal regulation concerning doctors‘ criminal liability is quite similar to the legal framework in Lithuania and essentially aligns with judicial practice.

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