Investigation Committee proposes to introduce the term “human fetus” in an article of the Criminal code relating to inadequate quality of medical care. Today there is no criminal liability for the death of a child before the moment of his birth, and thus to the field of obstetrics is almost a third of all complaints to law enforcement agencies. The medical community is strongly against this initiative.
The fruit, as a “subject criminal law”
The draft of the new article 124.1 of the criminal code. “Inadequate provision of medical care (medical services)” was discussed at a meeting of the Investigative Committee of Russia (SK) and the National medical chamber with participation of representatives of the Ministry of health, experts in the field of neonatology, obstetrics and gynecology, pathologists and forensic experts. (Currently SK and Nameplate working together to draft a special article in the criminal code, part of which will be to investigate cases of health care workers).
According to SC, human fetus should be considered a subject of criminal law and this term should be present in the new article of the Criminal code, under which will be investigated cases of health care workers.The Constitution says the right to motherhood, and if the pregnancy develops normally, but due to the wrong actions or the negligence of doctors is the death of the fetus, then the perpetrators should be punished, said Deputy head of the Main Department of criminalistics SK Anatoly Sazonov.
For the Agency this question is “principled”, said the head of procedural control over investigation of certain types of crimes, SK Eugene Minaev. “The number of complaints on the fact of death of the fetus is growing, prosecute, and often, forensic experts establish a direct causal link between the actions of doctors and the death of the fetus, – said Minaev. But since the fruit is not yet separated from the mother, according to the law death to the moment of birth does not fall under articles of the criminal code, and we can’t prosecute doctors for improper assistance during the childbirth and is forced to stop the prosecution”.
Doctors have initiative and the UK did not find understanding
According to the Chairman of the Board of the Russian society of neonatologists Dmitry Dyagterev of the potential of modern prenatal diagnosis does not allow to determine the exact cause of fetal death. And all that is called hypoxia is a generalized concept that can be associated with a dozen different intrauterine conditions and does not depend on the actions or omissions of the obstetrician-gynecologist. The investigator will never be able to tell you right or wrong the doctor led birth and pregnancy, and medical experts little objective data, he said.
“We all work within the legislation, there is a procedure for the provision of medical care, protocols and clinical guidelines, and if the doctor violated the standards, he will be punished,” reminded the chief obstetrician-gynecologist Ministry of health of the Russian Federation Leila Adamyan. According to her, you can’t blame doctors who are not omnipotent – pregnancy is often unpredictable, complicated by various genetic abnormalities, and sometimes a way of life that leads the expectant mother.
And the Director of SMRC for obstetrics, gynecology and Perinatology academician V. I. Kulakov Gennady Dry and even saw the offer SK a conflict of interest. “If you accept the article in its current form we will not get dozens and hundreds, and tens of thousands of trials. Today was born a whole category of lawyers, who earns it,” recalled Dry.
Forensic experts suggest not to rush
Forensic experts believe that to introduce the term “fruit” in criminal legislation is premature – it will lead to serious contradictions. According to representatives of the Association of forensic experts of Olesya Veselkina, in the field of obstetrics, really focused a significant stream of complaints (20-30% of the total). However, practically no unequivocal situations where examination may establish a direct causal link between the actions of doctors and the death of the fetus. “The wording in the draft article actually puts an equal sign between the death of the fetus and causing grievous bodily harm, which is not always true. Such a formulation can lead to the fact that criminal cases will be assigned for each case of fetal death,” said Veselkina.
And as they have
No country in the world the fruit does not appear as a subject of criminal law, is not regarded as an independent person until the moment of birth is not considered an independent body, said Adamyan, stressing that specifically studied this issue.
“The European court of human rights also do not regard unborn children as subjects of rights, – said the head of the Department of aid to children and obstetric service of the Ministry of health Elena Baybarina. – As if we are in this case regarded abortion for medical reasons or a women? It is impossible to consider in one bottle improper relief and the fetus, which is not subject to law.”
What to do
The lawyer of the National medical chamber Lily aidarova suggested as a compromise to amend other regulations, which will give the opportunity to respond to violations and complaints related to the loss of the fetus.
The views physicians themselves are divided. Some have proposed to amend the definition of grievous bodily harm in women’s position that it was caused by the abortion (fetal death). Others insisted that if the doctor really admits the defect of assistance, to decide his fate should the medical community, and not investigative bodies. The punishment can be very hard – up to prohibition to engage in professional activities, as is done in developed countries.
To refrain from questionable changes asked of the UK and President of Nameplate Leonid Roshal. “Today, it will only lead to a barrage of complaints, under which is buried the Investigative Committee – said Roshal. – For me the main result of our work together will be a clause in the criminal code, which States that for unintentional complications the doctor will not sit in jail.”