The share of acquittals in “medical” cases in Russia is 38 times higher than in others, Vedomosti reports, citing a study conducted by Aktion Medicine lawyer Alexander Korshunov. As follows from the analysis, doctors most often (61% of cases) are tried under articles on causing death or grievous harm through negligence (Article 109 and Article 118 of the Criminal Code of the Russian Federation).
The study analyzed 159 acts of 2020-2021, which are in the public domain and have reached the cassation instance. Acquittals were issued at 11.5%, while, according to the Supreme Court, the average share of acquittals in Russia was 0.22 and 0.26% in 2020 and 2021, respectively.
In addition to Art. 109 and 118 of the Criminal Code of the Russian Federation in “medical” cases, Art. 292 of the Criminal Code (official forgery, 22% of cases), Art. 293 of the Criminal Code (negligence), art. 290 of the Criminal Code (taking a bribe), Art. 124 of the Criminal Code (failure to provide assistance to the patient) and Art. 238 of the Criminal Code (provision of unsafe services).
In December last year, the chairman of the Investigative Committee of Russia (TFR), Alexander Bastrykin, criticized the increase in the number of acquittals. In his opinion, this is due to the low quality of the work of investigators.
For more details, see Kommersant FM’s article “Acquittals will be sorted into mistakes.”