Case 22-6267

Cassation Decision: 28 September 2010, No. 22-6267; Case No. 1-132/10
Download Judgment: English Russian
Country: Russia
Region: Europe
Year: 2010
Court: City Court of Saint Petersburg
Health Topics: Health care and health services
Human Rights: Right to work
Tags: Diagnostics, Employment, Examination, Health care professionals, Health care workers

Doctor M. was a Russian health care provider with extensive training and experience. She had worked in outpatient service for 25 years. She enjoyed her work and was respected by patients and colleagues alike.

She was convicted of talking bribes for issuing a disability medical certificate to D, when she knew D was healthy. She stated that she did so out of personal sympathy for D. She was sentenced to four years of imprisonment and a deprivation of her right to practice medicine for a year and a half. M seeks to reduce the sentence to the right to practice medicine without a right to carry out disability examinations for the period of one year.

The Court held that Doctor M was properly convicted in a lower court of accepting bribes to certify a patient as disabled. It reduced her sentence by changing the prohibition from practicing medicine to only a prohibition on disability examinations and certifications.

The Court considered the severity of the crime at hand, confessions of guilt, contrition, and prior conviction history. The Court lightened the sentence because of the Dr. M’s “positive characteristics”: namely, that she has been a long serving doctor without prior issues, and that she and her son rely on her income as a doctor.

“Assuming the above mentioned and also the information about the positive characteristics of M. as a general practitioner; information from the service book that M. since August 1985 until recent time has worked as doctor, so that she has professional experience of working as a doctor for more than 25 years; she has a son, who is dependent on her ; the convicted M. should be appointed to a punishment in form  of  deprivation  of  right  to  exercise  medical  activities  associated  with  right  to  carry  out  disability examination and issue of medical certificates.” (p.3).

“Учитывая изложенное, а также данные о положительной характеристике М. как врача общей практики; сведения из трудовой книжки о том, что М. с августа 1985 г. по настоящее время работает врачом, т.е. имеет трудовой стаж в качестве врача более 25 лет; имеет сына, находящегося на ее иждивении”

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