Lawyer under Article 140 of the Criminal Code – Improper performance of professional duties by a medical or pharmaceutical worker

Every citizen of Ukraine uses medical services at some point. In the field of healthcare, manifestations of unprofessional and dishonest activities of medical workers are quite often observed. Conflicts and disputes between the management of medical institutions and employees, between patients and doctors are not uncommon. In some cases, conflict situations can provoke the onset of criminal liability. In particular, we are talking about Article 140 of the Criminal Code of Ukraine (hereinafter referred to as the CCU). The lawyer on the article on improper performance of professional duties by a medical or pharmaceutical employee of our law firm “Prikhodko & Partners” has the necessary experience in the medical field, and also perfectly owns effective tools for protecting the legal rights of participants in criminal proceedings under Article 140 of the CCU.

Essentials of a crime under the article on improper performance of professional duties by medical professionals

Offenses under Article 140 of the Criminal Code are of great importance from the point of view of public safety. This is due to the fact that manifestations of negligence or unscrupulous performance by healthcare workers can lead to serious consequences: from a significant deterioration in the patient's health due to improper treatment to death.

The objective side of illegal activity under this article is characterized by the presence of the following components:

1. Actions.
2. Consequences of the act.
3. Causal relationship between the act and the consequences.

The elements of the crime are characterized as unprofessionalism of medical professionals or pharmacists. Among its main manifestations:

• Refusal to timely hospitalization of the patient.
• Incorrect diagnosis of the disease.
• Leaving the patient without proper supervision.
• Incorrect dosage of medications.

Important: if a medical or pharmaceutical worker is unable to perform their professional duties properly, criminal liability under Article 140 of the Criminal Code of Ukraine does not arise. Among such reasons: illness of a medical worker, extraordinary circumstances (for example, under martial law - rocket attacks, evacuation of medical institutions, etc.).

The objective side of illegal activity is the occurrence of serious consequences for the patient (bodily injuries, disability, exacerbation of chronic diseases, death).

At the stage of pre-trial investigation, the responsible authorities must establish a direct connection between the committed actions and the consequences of the act. For this, in most cases, a forensic medical examination is ordered.

The subjective component of the offense under the article on improper performance of professional duties is the presence of direct intent or an improper attitude to professional activity. Thus, the consequences of illegal actions are provoked by the self-confidence of the suspect or his criminal negligence).

The category of subjects under Article 140 of the Criminal Code of Ukraine includes:

• Medical workers.
• Pharmacists.

In this case, the positions of the suspects/accused or their education, qualifications, etc. are not taken into account.

Liability under Article 140 of the Criminal Code of Ukraine

The extent of liability for illegal activities under the article on improper performance of professional duties depends on the actions committed:

• Part One.

The occurrence of serious consequences for the patient due to improper performance/failure of their official duties by a representative of a healthcare institution.

If guilt is proven, the person faces:

1. Correctional labor - up to 2 years.
2. Restriction of professional activity - up to 5 years.
3. Restriction/deprivation of liberty – up to 2 years.

• Part two.

The actions specified in part one, committed against a minor:

1. Restriction of liberty – up to 5 years.
2. Deprivation of liberty – up to 3 years.
3. Restriction of professional activity – up to 3 years.

If you are a participant in criminal proceedings under Article 140 of the Criminal Code of Ukraine, contact the lawyers of our law firm “Prikhodko and Partners”.

Lawyer under the article on improper performance of professional duties

Lawyers of our law firm provide comprehensive legal support to victims under the article on improper performance of professional duties by medical professionals. For each specific situation, we offer an effective algorithm of actions.

In particular, our lawyers will analyze the available documents and other evidence to establish the fact of negligence on the part of doctors. We will establish at which stage the failure occurred, which led to serious health problems or the death of the victim.

Lawyers of "Prikhodko and Partners" guarantee qualified representation even in the most complex cases.

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