THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY
In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4) of the Criminal Code, as follows:“An offence is perpetrated in negligence when the offender:a) foresees the outcome of his actions but does not accept it, deemin...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2017-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_026.pdf |
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| author | Adrian HĂRĂTĂU |
| author_facet | Adrian HĂRĂTĂU |
| author_sort | Adrian HĂRĂTĂU |
| collection | DOAJ |
| description | In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4) of the Criminal Code, as follows:“An offence is perpetrated in negligence when the offender:a) foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b) does not foresee the outcome of his actions, although he should and could have.”This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6) of the Criminal Code “an offence committed in negligence amounts to a criminal offence when expressly provided by law”. |
| format | Article |
| id | doaj-art-0829ce4e6f23445f9706223043aac84e |
| institution | DOAJ |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2017-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-0829ce4e6f23445f9706223043aac84e2025-08-20T02:51:07ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962017-05-017-166173THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITYAdrian HĂRĂTĂU0Assistant Lecturer, PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of Bucharest; lawyerIn this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4) of the Criminal Code, as follows:“An offence is perpetrated in negligence when the offender:a) foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b) does not foresee the outcome of his actions, although he should and could have.”This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6) of the Criminal Code “an offence committed in negligence amounts to a criminal offence when expressly provided by law”.http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_026.pdfguiltnegligencecriminal liability |
| spellingShingle | Adrian HĂRĂTĂU THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY Challenges of the Knowledge Society guilt negligence criminal liability |
| title | THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY |
| title_full | THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY |
| title_fullStr | THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY |
| title_full_unstemmed | THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY |
| title_short | THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY |
| title_sort | theoretical and case law considerations on the professional negligence of doctors that could result in criminal not only civil liability |
| topic | guilt negligence criminal liability |
| url | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=01_criminal_law%2F&download=CKS_2017_criminal_law_026.pdf |
| work_keys_str_mv | AT adrianharatau theoreticalandcaselawconsiderationsontheprofessionalnegligenceofdoctorsthatcouldresultincriminalnotonlycivilliability |