Latypova E.Yu., Slyudnev M.I., Gilmanov R.E.

Moral and ethical aspects of iatrogenic crimes and problems of regulating medical secrecy

Keywords: iatrogenic crimes, iatrogeny, personal privacy, personal data, medical secrecy, doctor-patient confidentiality, consequences of violating medical secrecy, moral and ethical aspects of iatrogenic crimes, demographic security, confidential information

There is no definition of the concept "medical secrecy" in the Russian legislation, which creates legal uncertainty in regulating its content. Along with this, this definition is critically important both for ensuring confidentiality of relevant information and for resolving conflict-of-laws issues related to the legality of its disclosure in the public interest (in particular, for the purposes of criminal proceedings). A clear normative consolidation of this concept is a prerequisite for establishing the fact of lawful or unlawful disclosure of information constituting a medical secrecy. The purpose of the study is to determine the features of medical secrecy in relation to committing iatrogenic crimes, as well as to identify the possibilities of applying criminal liability to persons who violated medical secrecy or doctor-patient confidentiality. Materials and methods. The research methodology is based on a dialectical-materialistic approach to the study of the development of the institute of iatrogenic crimes and medical secrecy. The comparative legal method is used to distinguish between personal privacy and its specific manifestation – medical secrecy. The methods of formal logic (analysis, synthesis, comparison), content analysis of judicial practice, formal legal and structural-functional methods were also used to establish the interrelationships of phenomena and substantiate conclusions. Results. The concept and the legal content of medical secrecy are analyzed. The analysis of the information confidentiality standards established by Federal Law № 323-FZ dated November 21, 2011 "On the Basics of Public Health Protection in the Russian Federation" was carried out, and their systemic shortcomings were identified, in particular, in the event of a patient's death, access to their medical documents is required, as this requires the patient's consent (which is physically impossible) or their legal representative. It was investigated how confidential medical information can pose a threat to the rights and legitimate interests of the third parties if this information contains socially significant data (a dangerous contagious infectious disease or certain genetic mutations with possible reproductive plans). The procedural mechanisms of access to information constituting a medical secret and the grounds for bringing to responsibility for their illegal disclosure are analyzed. The examples of judicial practice demonstrate ambiguity of the legal regime of medical data in situations where their preserving in secret affects the interests of others. The potential corruption component associated with the misuse or concealment of such information is considered. Based on the analysis, ways to solve the identified legal problems and conflicts were proposed and scientifically substantiated. Conclusions. The concept of personal privacy is broader than the concept of medical secrecy, but it does not fully cover it: if the patient's health conditions pose a danger to the society (for example, a dangerous infectious disease), they should not remain confidential. Medical secrecy may become the object of some corrupt interests, which, if there is a sign of public danger, may lead to criminal prosecution. In order to improve the criminal law and administrative regulations, the following measures are proposed: 1) to supplement Part 2 of Article 137 of the Criminal Code of the Russian Federation with a qualifying feature specifying the object of encroachment in the field of healthcare; 2) Article 13 of Federal Law № 323-FZ dated November 21, 2011 should establish an exceptional procedure for providing medical documentation to law enforcement agencies exclusively within the framework of investigating grave and extremely grievous crimes, excluding arbitrary interpretation. The possibility of granting the right of access to medical records for close relatives of the deceased patient and their legal representatives on the basis of a court decision is substantiated if there are sufficient grounds to believe that death occurred as a result of a medical error. In order to protect patients' rights promptly, it is necessary to establish a simplified procedure for reviewing relevant petitions with a reduction in the time for making a decision to 10 days.

About authors

Latypova Elvira Yu.

Candidate of Law Sciences, Associate Professor, Head of the Department of Criminal Law and Procedure, Kazan Innovative University named after V.G. Timiryasov (IEML), Russia, Kazan (elatypova@ieml.ru; ORCID: https://orcid.org/0000-0002-7390-4962)

Slyudnev Maksim I.

Master's Program Student, Department of Criminal Law and Procedure, Kazan Innovative University named after V.G. Timiryasov (IEML); Chief Specialist-Expert of the Interregional Department of Legal Support, Volga-Kama Interregional Department of Rosprirodnadzor, Russia, Kazan (maxslyudnev@yandex.ru; ORCID: https://orcid.org/0009-0008-7902-035Х)

Gilmanov Ruslan E.

Master's Program Student, Department of Criminal Law and Procedure; Lecturer, Department of Theory and History of State and Law, Kazan Innovative University named after V.G. Timiryasov (IEML), Russia, Kazan (GilmanovRE@ieml.ru; ORCID: https://orcid.org/0000-0003-2062-5959)

Article link

Latypova E.Yu., Slyudnev M.I., Gilmanov R.E. Moral and ethical aspects of iatrogenic crimes and problems of regulating medical secrecy [Electronic resource] // Oeconomia et Jus. – 2025. – №3. P. 84-95. – URL: https://oecomia-et-jus.ru/en/single/2025/3/8/. DOI: 10.47026/2499-9636-2025-3-84-95.