In Nikolaev the judge of the Central district court Sergey Medyuk on limitation periods exempted from criminal liability of three doctors of one of maternity hospitals of the city. Doctors were accused of inadequate execution of professional duties that led to death of the girl - women in labor in 2008.
Reported about it in a press - service of the Central regional court.
So, pre-judicial investigation was finished on December 14 and on December 15 the indictment was sent to court. During preparatory court session the prosecutor declared the petition that as terms of attraction accused to criminal liability expired, there are bases for release them from responsibility and closing of criminal proceedings. The defender accused the petition of the prosecutor supported and in turn provided the petition the most accused about release them from criminal liability in connection with the expiration of limitation periods, as article 49 of the Criminal code of Ukraine.
«Victims and their representative objected to petitions» , - it is noted in the message.
Thus court, «fully, having comprehensively and impartially investigated the presented petitions, following the principle of an equality before the law and court, having checked existence of legal basis for such release» , I decided to satisfy petitions and to exempt health workers of maternity hospital from criminal liability.
«We will separately note: release from criminal liability of the accused happened not on the rehabilitating bases and doesn't release accused from гражданско - legal consequences. In particular, within a criminal offense civil suits were declared material and moral damage for the total amount of 1 million 514 thousand 76 hryvnias which within these criminal proceedings as articles 128 and 129 Criminally - the procedural code of Ukraine are left without consideration. But it doesn't deprive of the victims of the right to show them as it should be гражданско - procedural legal proceedings» , - also noted in court.
We will remind that in July, 2015 in Nikolaev to doctors of maternity hospital No. 1 (to two doctors and the manager of office - PN) prosecutor's office I declared suspicion in inadequate performance of professional duties that entailed death of the woman in labor. Concerning them opened criminal proceedings by part 1 article 140 ( «Inadequate performance professional duties medical or pharmaceutical worker» ) Criminal code of Ukraine.
"After the child's birth at the woman in labor the state of health worsened. However physicians it wasn't timely its direction for further inspection and treatment in specialized cardiological office is provided and organized. In some days after the child's birth young mother died... According to conclusions of the commission it is judicial - medical examination it is established that the chosen medical tactics of assistance to the woman in labor wasn't proved, her death it was possible to warn", - reported then in prosecutor's office of the Nikolaev area.
The chief physician of maternity hospital No. 1, ex-the deputy of city council from Party of Regions Evgeny Volokhov was one more person involved in these criminal proceedings. On November 27, 2015 the prosecutor's office reported to him about suspicion in commission of a criminal offense also as regards 1 article 140 UK of Ukraine. But on December 17 prosecutor's office «I allocated» criminal proceedings and I stopped pre-judicial investigation concerning Volokhov. It is made in connection with an illness of the suspect.
