On 19 December 2024, the competent committees of the Federation Council of the Russian Federation approved Bill No. 670471-8 "On Amending the Criminal Code of the Russian Federation (in terms of clarifying liability for certain crimes against minors and against public health)" (hereinafter - the “Bill”).
The Bill was introduced in the State Duma of the Russian Federation in July 2024 by a group of deputies, and in its original wording provided only for strengthening the criminal liability of persons who involve minors in committing crimes and antisocial actions. On the recommendation of the State Duma Committee on State Construction and Legislation, the Bill was supplemented for the second reading with an amendment stipulating that Article 238 of the Criminal Code of the Russian Federation does not apply to cases of medical assistance provided by healthcare professionals.
Judicial practice provides for numerous examples of healthcare professionals being held criminally liable for cases in which they provide medical care that does not meet the safety requirements for the life or health of consumers, precisely on the basis of Article 238 of the Criminal Code of the Russian Federation. Given the high-risk nature of medical activity, often associated with the provision of medical care to patients in extreme conditions, decriminalisation of this offence will increase legal certainty and safety of healthcare professionals during the provision of medical services.
At the same time, the risk of bringing healthcare professionals to criminal liability remains, in particular, in cases of causing death to a patient through negligence (Article 109 of the Criminal Code of the Russian Federation), as well as in cases of causing serious harm to health through negligence (Article 118 of the Criminal Code of the Russian Federation).
It should also be noted that patients who have encountered poor quality medical care always have the option to take legal action against a healthcare organization or a healthcare professional directly, claiming non-pecuniary damage to life and health. Thus, although the non-application of criminal liability under Article 238 of the Criminal Code of the Russian Federation to healthcare professionals undoubtedly contributes to the protection of their interests, the legislation contains alternative measures of liability, and, therefore, these changes will have a limited effect.