ADELINA SARGSYAN

PhD in Law,

Lecturer of the Department of Criminal Law and

Criminal Procedure Law of the

Institute of Law and Politics of the Russian-Armenian University

ANUSH HAKOBYAN

PhD in Law,

Lecturer of the Department of Criminal Law and

Criminal Procedure Law of the

Institute of Law and Politics of the Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2024.4-6-49

Annotation.

This article provides criminal-legal and criminological characteristics of the subjective side of iatrogenic crimes committed by medical workers. Based on the analysis of various academic works and judicial practice of the Republic of Armenia, it is concluded that the crimes committed by medical workers, as a rule, are based on negligence. At the same time, it is noted that there is an increased degree of public danger of crimes committed due to the frivolity of medical workers. It is concluded that it is necessary to consolidate the norm of careless co-infliction of harm as a result of consistent actions of medical workers. Materials from judicial practice on iatrogenic crimes, the results of sociological surveys conducted in various regions of the Republic of Armenia served as the empirical basis for the study.

The authors put forward a proposal regarding the consolidation in the Criminal Code of the Republic of Armenia of one of the main manifestations of negligence of medical workers, namely, professional ignorance, characterized by a person’s lack of relevant professional knowledge, skills, and abilities.

Taking into account the lack of special knowledge in the field of medicine among law enforcement officers and the difficulties encountered in the investigation of iatrogenic crimes, the authors proposed the organization of professional retraining courses for investigators, as well as the creation of specialized units for the investigation of iatrogenic crimes.

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