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Minerva Medicolegale 2014 December;134(4):201-16

Copyright © 2014 EDIZIONI MINERVA MEDICA

language: Italian

The medical report

Macrì P. G.

Az. Usl 8, Arezzo, Italy

The medical report, such as charge, is an offence report explicitly provided by law, but intended only for health care professions. The necessity of reconciling opposite purposes, like health right’s protection and crime punishment, led up the legislator to depart from the rule of compulsory medical report, provided by art. 365 penal code, when this would expose the patient to the risk of a criminal proceeding. By the way, the problem comes out again when the health care profession is also a public official, because he always must report crimes, as provided by art. 361 penal code. So it is preferable an interpretation of the art. 365 that includes all the health care professions, as state employee and as freelance. The recent introduction of immigration offence made the problem still more urgent.