Managing your Health: Criminal Legal Aspects under the Legislation of Russia
Journal Title: Annals of Bioethics & Clinical Applications - Year 2021, Vol 4, Issue 3
Abstract
The article notes that the disposal of one's health can be considered as consent to harm to one's health by a third person and as causing physical harm to oneself (self-harm). In particular, the article analyzes the importance of consent to harm to health from third parties during medical intervention; donation; in the process of sports; during the production of a scientific experiment; when applying security measures to certain categories of citizens; when using the disciplinary power of parents to children, etc. The question of the responsibility of a person when self-mutilation on his part acts as a way of committing another crime is also considered. Accordingly, the rules for the qualification of criminally punishable acts of the fact of consent to the disposal of one's health are proposed. Along with this, it is noted that for cases when the implementation of a private interest (or consent) the acts do not exclude criminality or do not act as a constructive sign of a crime, it (private interest) should be taken into account when assigning punishment as a mitigating or aggravating circumstance.
Authors and Affiliations
Sumachev AV*
Keywords
Related Articles
- EP ID EP745568
- DOI 10.23880/abca-16000194
- Views 1
- Downloads 0
The Need for Effective Climate Justice to Protect the Environment
It is evident that globalization has brought immense advantages to international society, mainly economic, which have increased the development of the economic market, the cultural progress of society and the systems of...
Remarks on the Nature of Bioethics and the Bioethicist
The purpose of this article is to present some observations on the nature of bioethics and the bioethicist. For what is proposed, the expository strategy follows the following order: Regarding the nature of bioethics: it...
Hiring Disabled Workers in Times of Coronavirus
Norberto Bobbio, a remarkable Italian jurist, in the book “The Age of Rights”, stated that “the great problem of human rights today is not so much to justify, but rather to undertake them. It is a political problem, not...
Political Deliberative Process and Consensus: A Review of Objections to Liberal Democracy
In contemporary times, several theories have highlighted the role of democracy in resolving public controversies, especially in the face of pluralism. Based on this scenario, this article aims to resize some of the main...
Intentional Infliction of Emotional Distress (IIED) Claim Laws and the Legal Remedies: Examining and Identifying the Theory
The area of tort law known as negligence engages harm caused by failing to act as a form of carelessness probably with extenuating circumstances. Emotional distress is a broad term that can refer to a wide range of sympt...