Even though the title of the master’s thesis implies a connection between medical interventions and a patient’s consent, the author shows that these two terms seemed to be unrelated for many years. However, in 2008 the Slovenian legislator adopted the new Criminal Code – Kazenski zakonik (KZ-1) and the implementation of article 125 dramatically changed the former criminal treatment of medical interventions. Based on German law and theory, the Slovenian legislator declares for nothing but the full acceptance of the general notion of a criminal offense. It becomes obvious that physicians’ medical intervention implies the entity of bodily injury, but it is the patient’s consent which eliminates the unlawfulness of the criminal offense and so waives the physicians’ liability.
The introduced reform is important not only in terms of medical law, but it also affects the theory of substantive criminal law. Hence, the thesis presents a comprehensive overview and its implications. Nevertheless, it appears like the legislator did not consider all the aspects of the article. When critically analyzing, the author has established many imperfections which need to be improved by an amendment. The thesis also presents the realization of the article in practice.
|
