Commentary to article 114-1. Violation of the procedure for conducting clinical trials and the use of new methods and means of prevention, diagnosis, treatment and medical rehabilitation of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Violation by a medical professional of the procedure for conducting clinical trials and the use of new methods and means of prevention, diagnosis, treatment and medical rehabilitation -
is punishable by restriction of liberty for a term of up to two years or by imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same act committed by an official, -
is punishable by restriction of liberty for a term of up to three years or by imprisonment for the same term with a fine of fifty to two hundred monthly calculation indices with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
The public danger of this act lies in the fact that its commission is associated with a violation of the human right to qualified medical care, including treatment related to the deterioration of people's health and the threat of their death.
The object of the crime is human life and health
The objective side of the crime under consideration is the violation of the procedure for conducting clinical trials and the use of new methods and means of prevention, diagnosis, treatment and medical rehabilitation.
According to paragraph 10 of Article 1 of the Law of the Republic of Kazakhstan "On Public Health Protection" dated July 7, 2006, a clinical trial should be considered a study involving a person as a test subject, conducted to identify or confirm the clinical, pharmacological and (or) pharmacodynamic effects of the investigational drug and (or) identify all adverse reactions to it, as well as in order to study its absorption, distribution, biotransformation and isolation to establish its safety and effectiveness.
Violation of the procedure for conducting clinical trials should be understood as actions related to violation of the rules and conditions of conducting clinical trials.
A violation by a medical professional of new means and methods of prevention should be considered non-compliance with state, social, hygienic and medical measures aimed at ensuring a high level of health and disease prevention.
A violation of diagnosis is a violation of the means and methods of recognizing the state of an organism bordering on the norm and pathology, leading to an incorrect diagnosis.
Violation of treatment (therapy) is incorrect detection, incorrect treatment and, as a result, the development of incorrect measures to prevent diseases of internal organs.
Failure to comply with a set of medical measures aimed at restoring health should be considered a violation of medical rehabilitation.
The crime should be considered completed from the moment of the commission of the actions specified in the law (or inaction). The subjective side of the crime is characterized by an intentional form of guilt. At the same time, intent can be either direct or indirect. The subject of the crime is a special (medical worker).
Part 2 of the norm in question provides for responsibility for the commission of this crime by an official.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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