Formally legal analysis of the signs of an offense under art. 161 of the Criminal Code of the Republic of Belarus
The article describes a formal-legal analysis of signs of crime, envisaging responsibility for the failure to provide medical aid to the sick person. It was found that, since the law entered into force, the analyzed criminal law prohibition has undergone several transformations. Correction of the signs of the objective side, the subject of an offense under art. 161 of the Criminal Code of the Republic of Belarus led ultimately to a weakening of the intensity of criminalization. The research concludes to the conclusion that due to the use category “a sick person” outside the criminal law protection are persons who are not sick, but still need to provide them medical assistance. In particular, the woman in childbirth can not be attributed to a “sick person” category, because the need for medical care is not due to a disease, but a natural process occurring in her body. It has been suggested that as a victim in the framework of an offense under art. 161 of the Criminal Code, along with the sick person should be recognized and other persons in need of medical assistance. The objective side of the crime can be expressed exclusively in the form of inaction. The law distinguishes between the notion of lack of medical care (art. 161 of the Criminal Code) and the improper performance of professional duties of a medical officer (art. 162 of the Criminal Code), which can not be reckoned with. Thus, the untimely, inadequate and poor quality medical care can not be regarded as a failure to render aid and depending on the come consequences may be qualified under art. 162 of the Criminal Code of the Republic of Belarus. Only a complete lack of help the patient covered by the concept of its “refusal” and, hence, provides a basis for the qualification of the offense under art. 161 of the Criminal Code of the Republic of Belarus.