Abstract- In this assay, we want to tackle the issue of the criminal liability of the doctor in the light of recent interventions of the jurisprudence of legitimacy with respect to the current regulations and the previous law Balduzzi. Well, in the opinion of the judges of legitimacy, the solution offered by the Legislator, in the new regulatory landscape, appears to be appreciable, as it offers safe areas of health care, without granting exemption of responsibility for the careless or negligent doctor, or if he was wrong serious.
Keywords- medical responsibility of penalty, “official” guideliness, cause of non-punibility.