THE PROBLEMS WHEN CLASSIFYING IATROGENIC CRIMES DURING PRELIMINARY INVESTIGATION

In criminal law, the concept of iatrogenic crimes was formed, characterizing a separate group of crimes against human life and health committed if medical workers break the rules for providing medical care when performing their professional duties. In this paper, the authors consistently analyze the problems of classifying iatrogenic crimes during the preliminary investigation, using the initial study of the definitions of the concept of iatrogeny to determine the semantic meaning and the essence of this term for a clearer understanding of its use when classifying crimes in the sphere of ensuring the protection of life and health of citizens. The authors highlight the urgent need to introduce into the Criminal Code of the Russian Federation special rules governing crimes committed by medical workers broking medical rules or standards when performing their professional duties, which resulted in death or serious harm to the patient’s health. The authors formulated and explained the proposals to make the amendments to the Criminal Code of the Russian Federation: 1) to specify a special subject of a crime (a medical worker) and exclude Article 293 of the Criminal Code of the Russian Federation from the group of iatrogenic crimes; 2) to prosecute persons providing medical care, both within the framework of agreements and in their absence; 3) the criminal liability of a medical worker should occur only in the presence of guilt in the form of negligence in the act and the effects as well as in the case of the death of a patient or serious harm to health.