The article is devoted to the analysis of the grounds and scope of doctor’s criminal liability for not providing health care to a patient infected with an infectious disease due to the possible threat to his own life or health. The text presents an analysis of the conditions that must be met to enable the doctor to invoke a state of necessity in such collision situations. Particular attention has been given to discuss the scope of application of the Article 26 § 4 Criminal Code, which limits the possibility to invoke a state of necessity which excludes guilt, when the perpetrator sacrifices the interest he had a special duty to protect even by exposing himself to personal danger.