Orlandi E, Nardi E, Siodambro C, Massi D, Pinchi V. Professional liability subsequent to the
Cartabia Reform: implications for pathologists.
Pathologica 2023;
115:217-220. [PMID:
37711037 PMCID:
PMC10688249 DOI:
10.32074/1591-951x-878]
[Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 04/20/2023] [Accepted: 11/11/2023] [Indexed: 09/16/2023] Open
Abstract
The Cartabia Reform modifies the standard used by the Public Prosecutor for the submission of requests for filing or referral for trial. The standard has shifted to the "reasonable prediction of conviction" by moving the principle of in dubio pro reo to the investigation phase. The scope of the legislative amendment is focused on protecting the rights of investigated individuals, who are too often brought to trial without adequate supporting evidence. The implications that this reform has on legal proceedings concerning the criminal liability of healthcare professionals, including pathologists, is discussed.
Collapse