A surgeon demanded payment from patients for free surgeries; the court made an unexpected ruling on the matter.

In the Zaporizhzhia region, a surgeon and concurrently the head of the department of surgery demanded money from a patient for a free operation. He received 12,000 hryvnias, but the court acquitted him.

This is confirmed by the court verdict. It is noted that the case involves the head of the department of surgery and minimally invasive technologies at the Dnipro Zaporizhzhia Medical Academy of Postgraduate Education of the Ministry of Health of Ukraine, who is also a surgeon in the 1st surgical department of the municipal non-profit enterprise "City Hospital No. 3" of the Zaporizhzhia City Council.

The individual holds the academic title of professor and a Doctor of Medical Sciences. In 2021, he solicited a bribe from one of his patients, involving a surgical colleague in the scheme.

"Understanding that he could not realize his criminal intentions alone, he sought out individuals who shared his views on illegal enrichment and could commit criminal offenses alongside him. The patient was supposed to hand over a monetary reward of 12,000 hryvnias," the document states.

Subsequently, the doctor received the funds, but the court acquitted him, as "the individual is not a subject of the specified crime." It turned out that the patient was unaware that the surgeon was also the head of the department. Therefore, the qualification of his actions was deemed incorrect.

"To recognize the individual not guilty of the charge of committing a criminal offense under Part 3 of Article 368 of the Criminal Code of Ukraine due to the absence of elements of a criminal offense in his actions and to acquit him," the court ruled.

At the same time, there was substantial material evidence in the case indicating the presence of a crime, but according to the law, "responsibility for receiving unlawful benefits arises only if the official received it for performing or failing to perform actions that they could or should have performed using the authority granted to them." Since the head of the department, while engaging in unlawful actions, did not utilize the powers associated with his position, the elements of a criminal offense were absent in his actions.

Previously, "Telegraf" reported that a student attempted to bribe a police officer at the border. The court has already issued a verdict in his case.