Zabieg leczniczy bez zgody pacjenta - dylematy legislacji karnej a znikome jej znaczenie praktyczne
Medical procedure without the patient's consent - dilemmas of criminal legislation and its negligible practical significance

Summary/Abstract: The article addresses the issue of medical treatment without the patient's consent. Such an act constitutes a crime described in Art. 192 § 1 of the Penal Code. The author analyzes the method of its legislation, the adopted terminology and the difficulties in its interpretation. He points to the lack of coherence between the provisions of criminal law and medical laws. He also cites data from police and court statistics, which show that the provisions of Art. 192 § 1 of the Penal Code is of marginal importance in practice. Despite this, he is in favor of leaving it in the Penal Code, and at the end of the text he proposes a change of content of this provision in order to adapt it to the language of contemporary medical acts. He proposes that the notion of a medical treatment used therein should be replaced by the term health service used therein.

• Details
• Contents