Bibliographic citations
Rebaza, E., (2022). La protección de la vida e integridad física del concebido frente a negligencias médicas y sanitarias, en el Ordenamiento Jurídico Penal peruano [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/10293
Rebaza, E., La protección de la vida e integridad física del concebido frente a negligencias médicas y sanitarias, en el Ordenamiento Jurídico Penal peruano [Tesis]. PE: Universidad Privada Antenor Orrego - UPAO; 2022. https://hdl.handle.net/20.500.12759/10293
@mastersthesis{renati/372668,
title = "La protección de la vida e integridad física del concebido frente a negligencias médicas y sanitarias, en el Ordenamiento Jurídico Penal peruano",
author = "Rebaza Vargas, Edgar Alfredo",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2022"
}
The thesis called “INCORPORATION OF THE CRIMES OF ABORTION AND INJURIES TO THE CONCEIVED CAUSED BY HEALTH PROFESSIONALS, IN THE PERUVIAN PENAL CODE“ aims to determine if the protection of the life and integrity of the conceived against medical negligence, in the Peruvian criminal law of the year, should be done through the incorporation of the crimes of wrongful injury to the conceived and wrongful abortion caused by a doctor or other health professional, in the exercise of their work. Regarding the objectives, we set ourselves, among others: To determine how the life and physical integrity of the conceived should be protected against medical negligence, in the Peruvian penal system; identify the current Criminal Policy regarding the protection of the life and physical integrity of the conceived; identify the need to protect the life and physical integrity of the conceived, through the analysis of real cases, reported by fiscal, judicial and journalistic sources; and establish the usefulness of crimes of breach of duty, compared to the protection of the conceived against medical or health negligence. In this sense, the problem that we have proposed is the following: HOW SHOULD THE LIFE AND INTEGRITY OF THE CONCEIVED BE PROTECTED AGAINST NEGLIGENCE CAUSED BY HEALTH PROFESSIONALS, IN THE PERUVIAN CRIMINAL LEGAL ORDER? Faced with this question, we formulate the following research hypothesis: “The protection of the life and physical integrity of the conceived against negligence caused by health professionals, in the Peruvian criminal legal system, should be done through the incorporation of the crimes of wrongful injury to the conceived and wrongful abortion caused by health professionals. health, in the exercise of their work”. In application of the logical and legal methods, such as deductive and analysis, among others and the techniques corresponding to each one of them, we have reached the following conclusions: First; The life and physical integrity of the conceived against negligence caused by health professionals in the current Peruvian criminal legal system should be protected with the regulation of the crimes of wrongful abortion and wrongful injuries to the conceived, as crimes of infraction of duty. Second; The current criminal policy regarding the life and physical integrity of the conceived against negligent actions caused by health professionals and in general by a third party, is scarce and unclear. Third, it is necessary to protect the life and physical integrity of the conceived against wrongful actions by the health professional presented in reality, since, if this is not the case when the health professional who by mistake or lack of expertise produces the abortion or causes injuries to the conceived, would go unpunished or in an effort not to leave such behaviors unpunished would lead to judicial malpractice. Finally, the crimes of infraction of duty, against the protection of the conceived against medical or health negligence (health professionals), are very useful, they allow us to sanction health professionals based on the special duty that assists them Regarding the life of the conceived, leaving aside the guilty behaviors caused by the close environment of the victim who, due to their related ties to her and without having a special duty, suffer more from the affectation caused to the conceived than from the repression that is I could hit them criminally. That is, it was possible to verify the hypothesis raised at the beginning of this investigation.
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