Responsabilidad penal por mala praxis médica y política criminal (mirando hacia el futuro)

This paper deals with the influence of criminal policy on the dogmatic configuration of criminal negligence. The author considers how certain “valuable reasons” may recommend a retraction of the criminal intervention, to be carried out by a legal redefinition or otherwise a dogmatic reconfiguration of “criminal negligence” as a criterion of imputation. In particular, the paper focuses on criminal liability for medical malpractice, highlighting why, especially in this sector, a very limited use of the ultima ratio of the legal system would be recommended.