Overview
- The Council of Ministers approved a draft delega that makes the COVID-era criminal shield structural by restricting prosecutions of healthcare professionals to cases of gross negligence.
- Courts would have to consider adherence to guidelines and context such as resource shortages, organizational limits, scientific uncertainty, therapy availability, case complexity, multidisciplinary roles, and emergencies when assessing fault.
- When clinicians follow legally defined guidelines or adequate good practices, punishability is limited to gross negligence, while failure to follow mandatory protocols or clearly reckless conduct is not shielded.
- Criminal offences like negligent injury and manslaughter remain prosecutable and civil compensation rules stay in force, including the article that limits liability for highly technical tasks to cases of intent or gross negligence.
- The plan requires parliamentary approval and subsequent legislative decrees by December 31, 2026, as the current temporary protections expire at the end of 2025, and medical bodies voiced cautious support but noted the draft does not define “colpa grave.”