Crimes that harm the life and health of patients: empirical analysis and accounting issues

The subject of this research is a criminal-legal and criminological analysis of crimes that cause harm to the life and health of patients, conducted through a comprehensive study of statistical indicators, doctrinal provisions, and judicial practice materials in the context of criminal-legal protection of individuals in the healthcare sector. The aim of the study is to develop and justify a unified definition of these criminal acts that integrates criminal-legal and criminological characteristics, as well as to empirically identify the most criminogenic areas of medical practice based on the analysis of the nomenclature of medical specialties and the structure of criminal encroachments. Achieving this goal aims to fill the terminological gap, eliminate inconsistencies in doctrinal approaches, and create a theoretical-methodological basis for the subsequent improvement of the system of official statistical accounting, as well as the development of differentiated measures to counteract the discussed acts. Methodology: dialectical method of cognition, systemic approach, formal-legal, comparative-legal, and statistical methods, as well as empirical analysis of judicial practice. An empirical analysis of more than 800 sentences (2016–2025) allowed for the identification of stable criminal patterns in medical activity. It has been established that crimes causing harm to the life and health of patients encompass more than a quarter of medical specialties. The largest array of actions is concentrated in surgery, therapy, obstetrics and gynecology, anesthesiology, and resuscitation. In obstetrics and gynecology, an increased public danger has been revealed, attributed to harm caused to both the mother and the condition of the fetus. An original definition of "Crimes causing harm to the life and health of patients" has been developed, with the fundamental characteristic being the harm caused to the patient as a special victim within the framework of legal relations with healthcare workers. It has been proven that official statistical forms of authorized bodies do not contain a separate account of these crimes. The necessity of supplementing reporting form No. 11.1 of the Judicial Department under the Supreme Court of the Russian Federation with the category "Healthcare workers who caused harm to patients during professional activities" is argued, which will ensure representative accounting of convictions and enhance the effectiveness of criminological monitoring.