The Informed Consent in the Medical Activity and its Relevance in the Injuries. Special Reference to Articles 155 and 156 of the Spanish Penal Code

The Informed Consent in the Medical Activity and its Relevance in the Injuries. Special Reference to Articles 155 and 156 of the Spanish Penal Code

 

This thesis, consists of the study of the incidence of the consent informed in the exercise of the medical activity, and in individual, on the possible injuries that in the exercise of the same one can be caused.

This work is of great importance, because tries to solve the question of to ¿where our human capacity arrives from self-determination?, with it looks for to grant the true legal effectiveness to the institute of the consent in its modality of informed in tipicidad seat.

The different dogmatic positions study that it has proposed the doctrine legal-penitentiary around the relevance of the institute of the consent, like his regulation, in the penal legislations Spanish and Colombian.

Solutions to problems set out that appear in subjects of great interest, like the aid or the induction to the suicide, eutanasia, and particularly in the injuries that locates clearly, like the problems of the consent of patient, that is of great importance, handled from the point of view of the relation patient-doctor, as I tie of confidence, from the optics of the medical bioethical.

The positions are analyzed recently, in where the consent like an assumption is understood of autopuesta in danger, or like one of heteropuesta of victima. One concludes with a proposal of the figure from optics of the theory of the objective imputation and for it includes the consent like cause of absence of the objective imputation.

Finally, an interpretation of the present situation of the Spanish Penal Code is made, in where it explains the insostenibilidad and disadvantages, maintaining itself the innecesariedad of this one regulation, so and as is today in regulated day in in Spain.