Published: 2025-01-01

Remarks on the dispute regarding the circle of entities capable of committing the crime of performing a medical procedure without patient's consent (Article 192 of the Penal Code) - a de lege ferenda proposal

Filip Garnicz-Garnicki
"Młody Jurysta" Czasopismo Studentów i Doktorantów Wydziału Prawa i Administracji UKSW
Section: Artykuły
https://doi.org/10.21697/mj.14911

Abstract

The crime of performing a medical procedure without patient's consent (Article 192 of the Criminal Code) has been a topic of significant interest in academic writing since its introduction in 1997. This is due to the vague definition of all the elements of this offence, which has led to differing opinions and unresolved disputes. A key issue is determining the circle of entities capable of committing this crime. Among legal scholars, two main positions exist: that it is a general offence or a specific offence. The author finds this issue complex, as the analysis leads to contradictory conclusions, but ultimately supports the general offence perspective. Given the interpretative difficulties, a de lege ferenda proposal has been submitted to the legislature and the Criminal Law Codification Commission to address these interpretative challenges.

Keywords:

medical procedure, consent, patient, the crime of performing a medical procedure without patient's consent

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Citation rules

Garnicz-Garnicki, F. (2025). Remarks on the dispute regarding the circle of entities capable of committing the crime of performing a medical procedure without patient’s consent (Article 192 of the Penal Code) - a de lege ferenda proposal. "Młody Jurysta" Czasopismo Studentów I Doktorantów Wydziału Prawa I Administracji UKSW, (2), 3–18. https://doi.org/10.21697/mj.14911

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