Unauthorized Practice of Profession: Commentary on the Ruling of the Court of Cassation, Criminal Section VI, No. 23929/2014
The ruling No. 23929/2014 of the Court of Cassation addresses a case of unauthorized practice of the dental profession, highlighting the criminal and civil responsibilities associated with such conduct. In this article, we will analyze the main aspects of the decision, the motivations of the Court, and the implications for the rights of the parties involved.
The Legal Context of the Ruling
The Court of Cassation upheld the conviction of M.A. for unauthorized practice of the dental profession, pursuant to Article 348 of the Italian Penal Code. This offense protects the public interest by ensuring that only qualified individuals can practice certain professions that require specific skills. The Court reiterated that violating this rule not only exposes the offender to criminal penalties but may also result in civil liability towards the injured parties.
The violation of Article 348 of the Penal Code gives rise to civil liability for damages suffered by third parties, even in the absence of a direct harmful event.
Civil Liability and Compensation for Damages
A significant aspect of the ruling concerns the right of the injured party to compensation for damages. The Court recognized that S.V., as someone harmed by M.A.'s unqualified service, is entitled to compensation. The decision to reduce the provisional amount from 8,000 to 7,000 euros was justified by the fact that the injured party had already received partial compensation in a parallel civil case. This demonstrates the importance of evaluating the specific circumstances of each case when determining the amount of compensation.
- The right to compensation is recognized even in the absence of direct material damage.
- The Court confirmed the civil liability of the unauthorized practitioner for the damage suffered by the patient.
- It is possible to reduce the provisional amount based on compensations already received by the injured party.
Conclusions
The ruling No. 23929/2014 of the Court of Cassation represents an important precedent regarding the unauthorized practice of profession and civil liability. It emphasizes how violating the regulations governing the practice of health professions can have serious consequences for the professional, not only in criminal terms but also in terms of compensation. The decision offers reflections on the protection of patients' rights and the importance of ensuring that only qualified professionals can engage in healthcare activities.
