Spunti di riflessione sul favoreggiamento del medico, tra azione e omissione

The comment analyses a Supreme Court Judgment relating to a case, in which two doctors had been indicted on assisting offenders counts. In particular, one of them would have provided the fugitive member of a criminal organization with the contact details of one of his colleagues, for him to have urgent surgery at home; while the other would be the one to operate him, subsequently failing to report the surgery. The comment focuses on the legal requirements which need to be met for doctors' criminal liability in relation to counts of assisting offenders to be affirmed and on the specific issues arising when assistance is provided by omission.