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  PREDICT TO PREVENT TO INTERVENE: NEW NAMES IN PIEDMONTESE FORENSIC MEDICINE
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Minerva Medicolegale 2014 March;134(1):53-60

Copyright © 2014 EDIZIONI MINERVA MEDICA

language: Italian

Penal protection and consent to medical and surgical treatment

Ruggiero G.

Dipartimento di Giurisprudenza, Università degli Studi di Torino, Torino, Italia


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The consent to medical treatment, also in the light of the Convention of Oviedo, is the dividing line between legality and illegality of medical treatment. In this regard, there are uncertainties in the jurisprudence, both with regard to the consideration of consent as a condition of the crime or as a cause of justification, or with respect to criminal offenses applicable. The result is a dangerous oscillation between very harsh sentences and sentences that leave uncovered areas without any effective criminal protection. The consideration of consent to medical treatment as a cause of justification allows us to resize the complex issues within its limits, and applying the general principles, to arrive at a more uniform jurisprudence.

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