2020
DOI: 10.15290/bsp.2020.25.03.07
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The COVID-19 Post -lockdown Italian Scenario from an Eco -Socio-Legal Perspective

Abstract: This paper offers an analysis of the possible COVID-19 post-lockdown effects on the powerful factors that constitute the Italian national interest. The interdisciplinary perspective, being at the base of this study, considers a scenario characterized by three factors: time, budgetary policy, and communication. Since the social post-lockdown crisis began, Italy has been facing a problem of social justice in terms of participation, which is absent for now, especially in the political framework. The policy propos… Show more

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“…Increasing the legal security of doctors can accelerate their work, broaden the decision-making process, and ensure the wellbeing of society in general and individual patients when it is necessary to make difficult decisions. 20 Pursuant to Article 24 of the Act, it is considered that in cases where the doctor commits the offence of manslaughter, unintentionally causes serious damage to health, commits an unintentional violation of the functions of an organ of the body or causes health impairment, or unintentionally exposes a human to the immediate danger of loss of life or heavy detriment to health, this shall not be considered a criminal offence, irrespective of who has committed a prohibited act by providing benefits on the basis of certain criteria provided. Several conditions (criteria) necessary for the establishment of medical immunity from criminal liability could be distinguished and emphasised from this legal act: 1) the act was committed by the person in question during the period of announcement of the state of emergency or during the epidemic itself; 2) the act was committed by the person in question in the process of diagnosis or treatment of COVID-19; 3) the act was committed by the person in question while operating in specific circumstances; and 4) the act was not the result of this person's gross failure to exercise caution.…”
Section: Impact Of Good Samaritan Clause On Criminal Liability Of Doc...mentioning
confidence: 99%
“…Increasing the legal security of doctors can accelerate their work, broaden the decision-making process, and ensure the wellbeing of society in general and individual patients when it is necessary to make difficult decisions. 20 Pursuant to Article 24 of the Act, it is considered that in cases where the doctor commits the offence of manslaughter, unintentionally causes serious damage to health, commits an unintentional violation of the functions of an organ of the body or causes health impairment, or unintentionally exposes a human to the immediate danger of loss of life or heavy detriment to health, this shall not be considered a criminal offence, irrespective of who has committed a prohibited act by providing benefits on the basis of certain criteria provided. Several conditions (criteria) necessary for the establishment of medical immunity from criminal liability could be distinguished and emphasised from this legal act: 1) the act was committed by the person in question during the period of announcement of the state of emergency or during the epidemic itself; 2) the act was committed by the person in question in the process of diagnosis or treatment of COVID-19; 3) the act was committed by the person in question while operating in specific circumstances; and 4) the act was not the result of this person's gross failure to exercise caution.…”
Section: Impact Of Good Samaritan Clause On Criminal Liability Of Doc...mentioning
confidence: 99%