The professional secrecy of the physician in criminal proceedings in the light of recent changes Cover Image

Tajemnica zawodowa lekarza w procesie karnym w świetle ostatnich zmian
The professional secrecy of the physician in criminal proceedings in the light of recent changes

Author(s): Piotr Karlik
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Naczelna Izba Lekarska
Keywords: professional secrecy;medical secrecy;evidence bans;patient

Summary/Abstract: This article has been devoted to the issue of dismissing a physician from the duty of secrecy afterthe patient’s death. The amendment of the provisions of the Code of Criminal Procedure introduceda new, unknown possibility of giving consent to the disclosure of the patient’s medical secrets afterhis/her death by the person closest to him. The introduced regulation significantly simplifies the procedure for releasing physicians from the obligation of medical confidentiality. However, sucha solution is a break from the previous observation of the relationship between the doctor and thepatient, which was still valid after his/her death. The new rules also raise controversy from a procedural perspective and their possible suitability in ongoing criminal proceedings. The following article tries to find answers to these questions, while evaluating the revised rules.

  • Issue Year: 8/2016
  • Issue No: 8
  • Page Range: 73-84
  • Page Count: 12
  • Language: Polish