Open AccessManaging your Health: Criminal Legal Aspects under the Legislation of Russia
Author(s) -
Alexey Vitalievich Sumachev
Publication year - 2021
Publication title -
annals of bioethics and clinical applications
Language(s) - English
Resource type - Journals
ISSN - 2691-5774
DOI - 10.23880/abca-16000194
Subject(s) - harm , legislation , punishment (psychology) , law , political science , intervention (counseling) , constructive , psychology , criminology , process (computing) , social psychology , psychiatry , computer science , operating system
The article notes that the disposal of one's health can be considered as consent to harm to one's health by a third person and as causing physical harm to oneself (self-harm). In particular, the article analyzes the importance of consent to harm to health from third parties during medical intervention; donation; in the process of sports; during the production of a scientific experiment; when applying security measures to certain categories of citizens; when using the disciplinary power of parents to children, etc. The question of the responsibility of a person when self-mutilation on his part acts as a way of committing another crime is also considered. Accordingly, the rules for the qualification of criminally punishable acts of the fact of consent to the disposal of one's health are proposed. Along with this, it is noted that for cases when the implementation of a private interest (or consent) the acts do not exclude criminality or do not act as a constructive sign of a crime, it (private interest) should be taken into account when assigning punishment as a mitigating or aggravating circumstance.