Medical malpractice. Acquittal on appeal on the ground that the act is not provided for by criminal law
The High Court of Cassation and Justice ruled, in a judgment handed down in the appeal for our client, that the professional obligations incumbent on the medical professional have the significance of the predicate situation of the offence of manslaughter which had been held against him in the decision handed down on appeal. According to the same judgment, the determination by the Court of Appeal in cassation of those obligations, by reference to the factual situation found by the Court of Appeal, constitutes an assessment of the case in law. In carrying out that analysis, the Supreme Court acquitted on the ground that the act was not provided for by criminal law - Article 16(1)(b) of the Criminal Code - and that the offence was not covered by the criminal law. (1) letter b) first sentence C.pr.pen.