Criminal Treatment of Medical Intervention after the Adoption of Article 125 of the Slovenian Penal Code (KZ-1)

In 2008, the Slovenian legislator adopted the new Penal Code – Kazenski zakonik (KZ-1). Article 125 dramatically changed the former criminal treatment of medical interventions. Namely, by implementing this article the Slovenian legislator declared for nothing but the full acceptance of the general idea of criminal offence and states that even though physicians’ medical interventions implies the entity of bodily injury, it is the patient’s consent which eliminates the unlawfulness of the criminal offence, which waives the physicians’ liability. Herein, the authors critically analyze the article by using a systematic and technical approach, and polemically present a comprehensive overview and its implications.