Under normal circumstances, the medical negligence of doctors in most European (continental) states is assessed within the limits of criminal liability under the criminal laws of each state, without exception in the case of COVID-19 or another pandemic. The author raises the question of whether doctors, in the performance of their duties and in the provision of treatment services during the COVID-19 pandemic, deserve any relief from their liability due to errors or negligence in the performance of their duties that have resulted in the consequences of damage to health or life loss of patients. The article provides an analysis of the special laws created for such situations and adopted in Poland and Italy while presenting the shortcomings and advantages of such legal regulation and distinguishing the discussion issues raised by legal scholars and practitioners of the abovementioned states. The author criticises the attempt to adopt a similar legal act in Lithuania and at the same time proposes to discuss the possibility of changing the existing legal regulation and setting limits on the criminal liability of doctors during the COVID-19 pandemic.
Over a decade ago, an audit was conducted in Lithuania to assess the protection of children’s rights during criminal proceedings. The audit identified various shortcomings and issues related to child interviews. These problems were addressed in 2017 with the implementation of amendments to the Law on Criminal Procedure of the Republic of Lithuania, which have been in effect for over five years. This article aims to analyze the current practices, particularly in recent years, of law enforcement institutions when conducting interviews with minor witnesses and victims during criminal proceedings. Through analysis and empirical research, it was found that minors are frequently questioned outside of designated child interview rooms for unjustifiable reasons. Furthermore, their rights, particularly the right not to testify against their relatives or family members, are not always adequately explained to them. The legal significance of such procedural violations is discussed. Additionally, it is highlighted that employees of the Child Rights Protection and Adoption Service often lack proper preparation for conducting interviews with children. The article concludes by summarizing other findings from the empirical research.
The article deals with a recently relevant issue – whether a doctor who has made an error or was negligent during his or her professional activity that has resulted in injury or death should be prosecuted, whether this type of liability is not too strict, and whether it is proportionate and adequate to the specificities of the medical profession. From the point of view of criminal justice in Lithuania, this topic has not been investigated at all. The courts hear such criminal cases without any exceptions for doctors. However, in an international level, the judgments of the European Court of Human Rights or investigations in other states suggest that criminal liability is not always a binding legal consequence in such cases. After having analysed and summarised the case-law of the said court, by taking into account the insights of foreign authors, the danger of medical error and ultima ratio principle, the author raises the idea that the current practice in civil medical negligence when doctors are prosecuted for simple negligence should be changed.
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