Cassation court dismisses appeal regarding refusal of home visit for terminal patient under Art. 328 Penal Code.

The Court of Cassation rejected the appeal against a second-instance judgment convicting a doctor for refusing an urgent home visit to a terminal patient. The defense argued that the refusal constituted a crime of refusal to perform official acts and that the home visit was medically necessary, while the prosecution contended the intervention was urgent and improcrastinable. The court held that the crime of refusal to perform official acts is a danger crime, making the concrete outcome irrelevant, and thus dismissed the appeal as unfounded.