Zakaz dowodowy z art. 199 k.p.k. w kontekście osób innych niż lekarz udzielających oskarżonemu pomocy medycznej
Inadmissibility of evidence form Article 199 of the Code of Criminal Procedure in the context of persons providing medical assistance other than a doctor

Summary/Abstract: Article 199 of the Code of Criminal Procedure establishes a complete inadmissibility of evidence, which determines the inadmissibility of proving the content of statements made by the accused to a doctor providing him with medical assistance, and concerning the commission of a prohibited act by that accused. However, there is no clear position in the literature and case law as to the interpretation of this provision in a situation when such assistance is provided to the accused by a person other than a doctor, but who has the right and qualifications to provide medical services. This refers in particular to paramedics, nurses, midwives, laboratory diagnosticians, physiotherapists, but also doctors who do not have the right to practice their profession, or doctors who provide medical assistance to the accused outside the scope of their work. This issue is of significant importance due to the nature of the prohibition in Article 199 of the Code of Criminal Procedure, as well as due to the constantly increasing rights of persons practicing other medical professions. At the same time, this issue cannot be analyzed in isolation from Articles 50-52 Mental Health Act.

• Details
• Contents