Papers by Carmen Pezzimenti
EnglishIn an attempt to identify solutions for mitigating the phenomenon of defensive medicine an... more EnglishIn an attempt to identify solutions for mitigating the phenomenon of defensive medicine and rationalizing the system, article 3, paragraph 1, of the so-called "Balduzzi Decree" specifically regulates the criminal liability of physicians. The purpose of this paper is to analyze the new regulatory boundaries of medical negligence. After discussing the case-law developments on guidelines, the paper shall focus on the role that such guidelines - which are explicitly valued in the applicable regulatory provisions - may play in determining the Tatbestand. On the other hand, this paper shall focus also on the subjective measure of negligence. As a matter of fact, what needs to be established is whether or not mild negligence may apply and consequently whether the latter may be understood as a legal exemption from any charge of negligence. The interpretation offered by the author is aimed at emphasizing the objective and subjective identification of the liability judgment. ...
Il volume, che contiene gli atti di un Seminario organizzato da DIPLAP presso l'Universit\ue0... more Il volume, che contiene gli atti di un Seminario organizzato da DIPLAP presso l'Universit\ue0 di Reggio Calabria, raccoglie diversi contributi in una prospettiva interdisciplinare: l'insieme dei vari approfondimenti consente di mettere a fuoco le numerose sfaccettature che connotano la figura della persona offesa dal reato nel sistema penale
The new crime of tortura betrays the spirit of international Conventions: on one side, the basic ... more The new crime of tortura betrays the spirit of international Conventions: on one side, the basic offence does not include specifications relating to the perpetrator, namely reference to the act being committed by a pubblic official; on the other side, the offence is subject to the ordinary statute of limitations, with high risks of impunity in relation to the investigation of acts of torture and the prosecution and punishment of perpetrators. In the article 613 bis of Criminal Code, the acts of torture and the detrimental events are described in a meticulous way, but, paradoxically, for the bad normative technique used, the new crime does not appear “sufficiently determined”. The intent was protecting fundamental human rights, but, from a probative and procedural point of view, the required conditions make the rule difficult to apply. Strong perplexity also arouses the article 613 ter, introduced without systematic coordination, wich could, therefore, give rise to paradoxilcal application dystonias.
Criminal Liability of Physicians between Guidelines and “Non-Mild” Negligence: a Critical Analysi... more Criminal Liability of Physicians between Guidelines and “Non-Mild” Negligence: a Critical Analysis
In an attempt to identify solutions for mitigating the phenomenon of defensive medicine and rationalizing the system, article 3, paragraph 1, of the so-called “Balduzzi Decree” specifically regulates the criminal liability of physicians. The purpose of this paper is to analyze the new regulatory boundaries of medical negligence. After discussing the case-law developments on guidelines, the paper shall focus on the role that such guidelines – which are explicitly valued in the applicable regulatory provisions - may play in determining the Tatbestand. On the other hand, this paper shall focus also on the subjective measure of negligence. As a matter of fact, what needs to be established is whether or not mild negligence may apply and consequently whether the latter may be understood as a legal exemption from any charge of negligence. The interpretation offered by the author is aimed at emphasizing the objective and subjective identification of the liability judgment. The purpose is to redesign the physician’s criminal liability in the light of truly negligence-based terms, i.e. in full compliance with the principle of individuality of criminal liability pursuant to article 27, 1st paragraph, of the Italian Constitution.
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Papers by Carmen Pezzimenti
In an attempt to identify solutions for mitigating the phenomenon of defensive medicine and rationalizing the system, article 3, paragraph 1, of the so-called “Balduzzi Decree” specifically regulates the criminal liability of physicians. The purpose of this paper is to analyze the new regulatory boundaries of medical negligence. After discussing the case-law developments on guidelines, the paper shall focus on the role that such guidelines – which are explicitly valued in the applicable regulatory provisions - may play in determining the Tatbestand. On the other hand, this paper shall focus also on the subjective measure of negligence. As a matter of fact, what needs to be established is whether or not mild negligence may apply and consequently whether the latter may be understood as a legal exemption from any charge of negligence. The interpretation offered by the author is aimed at emphasizing the objective and subjective identification of the liability judgment. The purpose is to redesign the physician’s criminal liability in the light of truly negligence-based terms, i.e. in full compliance with the principle of individuality of criminal liability pursuant to article 27, 1st paragraph, of the Italian Constitution.
Talks by Carmen Pezzimenti
Books by Carmen Pezzimenti
In an attempt to identify solutions for mitigating the phenomenon of defensive medicine and rationalizing the system, article 3, paragraph 1, of the so-called “Balduzzi Decree” specifically regulates the criminal liability of physicians. The purpose of this paper is to analyze the new regulatory boundaries of medical negligence. After discussing the case-law developments on guidelines, the paper shall focus on the role that such guidelines – which are explicitly valued in the applicable regulatory provisions - may play in determining the Tatbestand. On the other hand, this paper shall focus also on the subjective measure of negligence. As a matter of fact, what needs to be established is whether or not mild negligence may apply and consequently whether the latter may be understood as a legal exemption from any charge of negligence. The interpretation offered by the author is aimed at emphasizing the objective and subjective identification of the liability judgment. The purpose is to redesign the physician’s criminal liability in the light of truly negligence-based terms, i.e. in full compliance with the principle of individuality of criminal liability pursuant to article 27, 1st paragraph, of the Italian Constitution.