چکیده مقاله
Sick defendants and convicts are entitled to special support from the judicial system in the course of criminal proceedings due to their special mental and physical conditions In other words, in the criminal justice system, for this group of people, in order to observe the standards of fair trial and prevent their health from being endangered, a protective differential policy should be foreseen and the judicial authorities should be assigned to comply with it What is the right of patients in the criminal justice system According to Hoffeld's analysis of the right, is this right one of the types of right duty task or right privilege In this article, while explaining the nature of the rights of patients in the criminal justice system and stating its effects, the dimensions of this right are examined in different stages of criminal justice implementation, including in the stages of prosecution, investigation, trial, sentencing and its implementation The egregious failings in patient safety at Mid Staffordshire NHS Foundation Trust between 2005 and 2009 identified by Sir Robert Francis QC in his public inquiry prompted him to recommend the introduction of a new criminal offence into English law in circumstances where a patient dies or is seriously harmed by a breach of fundamental standards The authors evaluate whether, from the perspective of fairness and justice, a new criminal offence in this context is necessary and desirable The authors considered the basic principles and functions of the criminal law and compared them with the principles and functions of the civil law They then identify two primary tasks for the criminal law to perform in healthcare settings: a to establish primary duties to patients consisting of appropriately graded offences targeted at conduct that harms patients or unjustifiably poses risks to patients, and b to establish secondary duties to patients, consisting of offences aimed at punishing and deterring instances in which healthcare management and workers undermine the goals of regulation by lying or giving misleading information to regulatory officials or by obstructing their work The authors focus on the first of these functions, identifying the scope of existing regulatory schemes that may give rise to criminal liability in English law when applied to healthcare contexts to identify whether a new criminal offence is needed A gap in the existing regime of criminal liability is identified, and it is this gap which a new criminal offence seeks to fill The authors suggest how such an offence should be structured, drawing primarily upon foundational principles of criminal liability It is suggested that a new general offence of wilfully neglecting or ill treating a patient that can be committed by any healthcare organisation or worker appropriately defined is warranted The criminal law has an important role to play in the healthcare context Its central function is not primarily to deter and coerce people into complying with standards of behaviour deemed desirable
کلیدواژهها
نویسندگان
Hossein Dehghani
Bachelor of Laws, Payam Noor University, Anzali Branch, Gilan, Iran
شیوه ارجاع
Dehghani, Hossein,1401,A review and understanding of the rights of patients in the criminal justice system,The 13th International Conference on Law and Judicial Sciences
ارائهشده در
مجموعه مقالات سیزدهمین کنفرانس بین المللی مطالعات حقوقی و علوم قضایی22 اسفند 1401