Precedent of the "Human Court"

Krasnoyarsk doctor Alevtina Khorinyak achieved an excuse in the court in the case of the illegally issued recipe

The court in Krasnoyarsk justified the doctor Alevtin Khorinyak, who was accused of violating the law when prescribing painkillers on an oncological patient. In 2009, responding to the request of her friend, a patient with cancer, Khorinyak wrote him an anesthetic drug Tramadol. It refers to potent drugs and is subject to strict accounting. In some countries, the drug is recognized as a drug.

A long -standing acquaintance of Alevtina Petrovna, disabled child to Viktor Sechin, in 2008 doctors diagnosed cancer. When the patient's condition worsened and pain began, the oncologist prescribed painkillers, among which there was Trumadol. Victor received it for free, according to the federal benefit. But at the end of April 2009, drugs on the preferential program did not manage to enter the city, and there were long May holidays ahead. According to Alevtina Petrovna, she could not look at the torment of the patient and wrote to him a recipe.

Gosnarkokontrol ... investigation ... court ...

In 2011, the State Directorate of GosnarkoKontrol became interested in the doctor’s decision. An investigation began, and the case was referred to court. Alevtina Khorinyak was accused of forging documents (part 2 of article 327 of the Criminal Code of the Russian Federation) and the illegal circulation of potent substances for the purpose of marketing (part 3 of article 234 of the Criminal Code of the Russian Federation).

This was a complete surprise for an elderly doctor:

“They tell me that I fed the document, but I did not enter false information.” In fact, the patient was attached to another clinic, which is why they say to me that the law was broken and that I have forged the documents, ”said Alevtina Khorinyak. - For twenty years I talked with his family and looked after his father, who also had cancer, and then after him. Viti's father asked me not to leave my son, because his mother also had health problems and she herself would not have coped. I completely devoted myself to this family. When I once again came to Victor, I shock - he didn’t just moan, but shouted in pain. Oncologists correctly say: you can’t interrupt the use of drugs, it is necessary that their concentration in the patient’s blood be constant so that they can live with dignity. In our country, this has not been decided. Both patients and doctors remain hostages of the system.

Both patients and doctors remain hostages of the system

The doctor, to whom Viktor Sechin was attached to the place of residence, did not write out the so -called "paid" recipe. As Alevtina Petrovna explains, really no one wants to prescribe medicines that you need to buy on equal terms with everyone, especially the federal beneficiary, because then pharmaceutical companies can complain, and the patients themselves, and the statistics will worsen.

“The investigation still focuses that at the moment when I wrote out the pills to him, he had no medical indications for the use of the drug, although before that he constantly took them and it was recorded in the card,” said Alevtina Khorinyak. “They tell me that I just wrote a recipe to a friend of a drug addict.” Even the Supreme Court of the Russian Federation in clarifications about the corpus delicti writes that if a recipe for medical reasons is written out, he is not subject to criminal prosecution. In the Constitution, which is above the court, it is written that the patient has the right to relieve pain by any means. And the doctor is obliged, in spite of the floor, nor at the race, and even more so in the place of residence, to help a person and above all he must appreciate the life of a person.

According to experts, interruptions with preferential medicines are really frequent. It is especially difficult in this case by cancer patients. By the way, there are cases of death due to pain shock. Sometimes patients prefer to expel the arrival of death on their own: it is worth recalling the death of the Rear Admiral of the Navy Vyacheslav Apanasenko and many others. Doctors, as a rule, prefer not to go against the system, because they realize that they can be in the dock, like Alevtina Khorinyak.

The Krasnoyarsk colleagues of the doctor who have become the defendant believe that its case is ambiguous - after all, the problem of drug addiction exists, so it is impossible to uncontrollably prescribe such drugs. At the same time, they agree that the situation needs to be changed.

“In such circumstances, when there are no drugs on the benefit, it should be prescribed a prescription for their paid acquisition if the patient and relatives agree, but still at the place of residence, at the place of attachment,” said Oksana Petrov , the Krasnoyarsk clinic. - Otherwise, it will be possible to come to each clinic and prescribe in each drug. Everything should be fixed. Purely humanly, I do not condemn her, because all doctors have long-standing friends who know everything about their health, and they want to help. Sometimes the patient is difficult to get to the appointment or the doctor does not come. Especially difficult to chronic patients. And then there is an option to write out the recipe. Therefore, I understand her, but still you always need to look very carefully after your actions and be able to calculate the possible consequences.

The situation when there are no drugs is abnormal. We do not have our own pharmaceutical plants. The purchase abroad goes long, with the design of many papers at customs, the process is delayed, especially when it comes to potent or narcotic substances. As an option to facilitate the situation, it may be better to switch to such forms of drug release that would be useless for drug addicts, and it would be easier for patients to get them, ”said Oksana Petrova.

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Oksana Petrova about Alevtina Khorinyak

"The objective side of the crime is obvious"

So far, in the Krasnoyarsk medical circles there is a discussion of the virtue and ethics of the act of Alevtina Petrovna, from the point of view of lawyers, the case is quite simple. And the objective side of the crime is obvious.

- Our law is one for all, therefore, since a person has violated the law and this violation is qualified as a criminal offense, which means that it must be judged. But as for the punishment, all the mitigating circumstances should be taken into account here, ”said the Krasnoyarsk lawyer Alexander Gliskov . - There is the established procedure for assisting. It is one thing when the hospital complies with all the regulations, when the drug is officially purchased, the drug is officially prescribed, officially used. Another thing is when someone for money from under the floors and falsifying the documents, even in all softening circumstances, justifying his behavior with the interests of the patient, does this. He is not judged by the fact that he had helped, but for forged the document. One can say with the same success, and let's justify the official who forged the diploma and settled down in the civil service, well, he wanted to serve people. The fact that we have drug police for a long time and consistently engage in all small things is obvious that they catch drug addicts, not drug dealers. Therefore, they followed the simple path. Where it is easy to catch, took and caught, and where it is difficult to catch why

Our drug police are engaged in all small things, it is quite obvious that they catch drug addicts, not drug dealers

To strain, sitting there in an ambush, trace someone, so their motives are understandable here. We have this 327th article on the falsification of documents is extremely common, everything is faked: diplomas, sanitary books, recipes. In a good way, it is generally necessary to strengthen responsibility for this crime, because people do not understand that this cannot be done.

It should be remembered that we can talk about the imperfection of the law, which gives only general provisions and in which it is impossible to foresee all occasions. In the general principles of criminal law, such concepts as common sense, criminal intent and harmful consequences are fundamental. For example, if we take the same potent substances, when they find themselves with the person who does not have rights to them, in other words, the drug addict, then, of course, in this case there are harmful consequences for society. If there are no harmful consequences, there is no criminal intent, then we can talk about the absence of a crime, ”says Alexander Gliskov.

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Alexander Gliskov - about the case of Alevtina Kharinyak

However, in 2013, the 71-year-old Alevtina Khorinyak, who threatened up to 9 years in prison, was convicted under two articles of the Criminal Code of the Russian Federation “Fake documents” and “Illegal turnover of potent substances for the purpose of marketing” and sentenced to 15 thousand rubles of a fine. But in the fall of the same year, the court of the Krasnoyarsk Territory made a decision to revise the case in a new composition of the court. As a result, in October 2014, the City District Court took into account the testimony of witnesses and other evidence of innocence and decided that there was no corpus delicti in the doctor’s actions, and the doctor had no intent to sell potent substances. " Alevtina Khorinyak was justified.

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Alevtina Khorinyak about the trial of her

Alevtina Petrovna herself says that if at that moment she knew how her help could end for her, she would still write a recipe, "because not a single person who has feelings could look at his torment calmly."