CRIMINAL LEGAL PROTECTION OF PEOPLE'S HEALTH
Journal
Knowledge International Journal
Date Issued
2023
Author(s)
Risteski, Temelko
Mihtaroski, Emrah
DOI
https://ojs.ikm.mk/index.php/kij/article/view/5991
Abstract
Abstract: The health, after the life, is the second most important biological value of man as an individual. It is
directly related to life. The dialectical opposite of health is disease. Health facilitates and sustains a person's life,
while illness complicates and destroys it.
Health is not only a personal value of a person, but a social value. Social activities, be they manual or mental, can
only be performed effectively by healthy people. Therefore, the protection of people's health is subject to the
constitutional and legal normative regulation of the states.
The Constitution of the Republic of North Macedonia, in Article 39, guarantees, every citizen of the Republic, the
right to health care. The Constitution gives every citizen the right, and obliges him, to protect and improve his own
health and the health of others.
The health care of the citizens of the Republic of North Macedonia is subject to the regulation of more than twenty
laws in the field of health. Of these, the Law on Health Care, the Law on Public Health, the Law on the Protection of
Patients' Rights and the Law on Medicines and Medical Devices are undoubtedly the most significant. Violation of
the provisions of these and other laws is sanctioned by the misdemeanor’s protection provisions contained therein.
The criminal legal protection of human values, be they personal or social, is ensured by the criminal legislation of
the state. Immediate criminal legal protection is regulated by the criminal laws of the states. In the Republic of North
Macedonia it is regulated by the Criminal Code. This code also regulates the criminal legal protection of people's
health, as a personal and social value. The Code prescribes several criminal offenses against people's health. They
are contained in its twenty-first chapter entitled "Criminal offenses against human health.”
The perpetrators of these offenses are persons who directly perform health care work (doctors and other health
workers), persons who indirectly participate in the performance of these works (pharmacists or other persons
authorized to prepare or dispense medicines and veterinarians or other authorized veterinary workers) and other
persons.
directly related to life. The dialectical opposite of health is disease. Health facilitates and sustains a person's life,
while illness complicates and destroys it.
Health is not only a personal value of a person, but a social value. Social activities, be they manual or mental, can
only be performed effectively by healthy people. Therefore, the protection of people's health is subject to the
constitutional and legal normative regulation of the states.
The Constitution of the Republic of North Macedonia, in Article 39, guarantees, every citizen of the Republic, the
right to health care. The Constitution gives every citizen the right, and obliges him, to protect and improve his own
health and the health of others.
The health care of the citizens of the Republic of North Macedonia is subject to the regulation of more than twenty
laws in the field of health. Of these, the Law on Health Care, the Law on Public Health, the Law on the Protection of
Patients' Rights and the Law on Medicines and Medical Devices are undoubtedly the most significant. Violation of
the provisions of these and other laws is sanctioned by the misdemeanor’s protection provisions contained therein.
The criminal legal protection of human values, be they personal or social, is ensured by the criminal legislation of
the state. Immediate criminal legal protection is regulated by the criminal laws of the states. In the Republic of North
Macedonia it is regulated by the Criminal Code. This code also regulates the criminal legal protection of people's
health, as a personal and social value. The Code prescribes several criminal offenses against people's health. They
are contained in its twenty-first chapter entitled "Criminal offenses against human health.”
The perpetrators of these offenses are persons who directly perform health care work (doctors and other health
workers), persons who indirectly participate in the performance of these works (pharmacists or other persons
authorized to prepare or dispense medicines and veterinarians or other authorized veterinary workers) and other
persons.
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