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Los denominados 'tratamientos médicos arbitrarios' ante el Derecho penal: de la STS de 26 de octubre de 1995 a la SAP de Salamanca de 7 de abril de 2014


Romeo-Malanda, S, Los denominados 'tratamientos medicos arbitrarios' ante el Derecho penal: de la STS de 26 de octubre de 1995 a la SAP de Salamanca de 7 de abril de 2014, Revista Penal, 35 pp. 173-188. ISSN 1138-9168 (2015) [Refereed Article]

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Copyright CISS 2015 (Wolters Kluwer Spain)

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Most of the legal scholarship in Spain considers that the informed consent of the patient does not play a significant role in deciding to charge a physician with an offence against the personal integrity, because these offences require an objective worsening of the health. Even though it is extremely rare to find a conviction based on this rationale, this has been the case in any isolated decisions though. In this article, the author analyzes two Court decision (one by the Supreme Court of 1995 and other from the Provincial Court of Salamanca of 2014), that sentence a physician and defends that the principle of autonomy leads to the adoption of a subjective concept of health. That means to consider the unconsented medical treatments as conducts chargeable with a criminal offense. This way, the authors seeks an approximation between the Spanish offences against the personal integrity and the offences of battery and assault, characteristic of the Anglo-Saxon Criminal Law. [English-language abstract as in translation for Spanish-language article.]

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Criminal law
Objective Division:Law, Politics and Community Services
Objective Group:Other law, politics and community services
Objective Field:Other law, politics and community services not elsewhere classified
UTAS Author:Romeo-Malanda, S (Dr Sergio Romeo-Malanda)
ID Code:99536
Year Published:2015
Deposited By:Faculty of Law
Deposited On:2015-03-27
Last Modified:2016-10-03

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