La responsabilidad penal médica conforme el artículo 218 del Código Orgánico Integral Penal: análisis normativo

Abstract

This study analyzes medical criminal liability under Article 218 of the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym), highlighting the lack of precision in regulating medical neglect and the risks of disproportionate punitive application. It examines how the law does not clearly distinguish between intentional or negligent omission by a healthcare professional and situations in which the lack of care is due to external factors, such as a lack of supplies, work overload, or structural deficiencies in the healthcare system. From the perspective of penal guarantees and minimal criminal law, the importance of limiting the intervention of criminal law only to cases of gross negligence is highlighted, avoiding the unjust criminalization of physicians due to circumstances beyond their control. The lack of objective criteria in Ecuadorian regulations can lead to legal uncertainty and affect the provision of healthcare services. In this context, it is concluded that it is necessary to reform the COIP to guarantee a proportional and adequate legal framework that protects both patients' rights and the security of healthcare professionals.