Good Samaritan Clause

Abstract

This paper is entirely devoted to a new legal instrument called the ″Good Samaritan Clause″. Its legal recognition constitutes the legislator’s response to the concerns raised by the medical community, in view of the unique situation in the country, but also in the world, relating to the prevention, counteraction and suppression of COVID-19. The assumption is that this instrument is to constitute a countertype that excludes the criminal unlawfulness of the act, due to the increased risk of mistakes made by the physicians involved in providing health services during the epidemic. The paper focuses primarily on the dogmatic and legal issues, discussing the catalogue of conditions needed for the application of the instrument mentioned in the title, but it also attempts to critically evaluate the introduced solution. The idea itself of introducing a solution affecting the scope of criminal liability of physicians is good, however, it requires legislative clarification as well.