Problematyka opiniowania sądowo- -lekarskiego w polskim procesie karnym na tle zarysu jego historii

• Authors: Wrocławski Adrian

Title variants

EN

The Issue of Medico-legal Assessment Regarding Polish Criminal Proceedings Based on its Historical Outline

• Languages of publication: PL

Abstracts

EN

The article tackles the issue of medico-legal assessment regarding Polish criminal proceedings based on its historical outline. Ever since medieval times, the only people entitled to perform these assessments were experts in medicine. In time, as forensic medicine began to develop as a separate field of science, they became an elite group of expert witnesses. With appropriate knowledge, the assessment of the consequences brought onto a victim of the committed criminal act would be undoubtfully facilitated. However, it does not actually apply to legal provi- sions. Regulations regarding criminal proceedings are full of imperfections and, as a result, forensic physicians are being replaced with doctors, who have not obtained the required expertise. This leads to further incorrect assessments, which prevent from reaching the tangible truth, results in the misconstruction of facts and the incorrect assignment of legal qualifications. If the legislator does not react promptly in that matter, the liability of the perpetrator for the committed crimes might be assigned in a random manner.

Keywords

EN

medico-legal assessment; orensic medicine; expert witness; special knowledge

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2018
• Issue: 3 (47)
• Pages: 81–99

Contributors

author

Wrocławski Adrian

• Zakład Prawa Dowodowego i Kryminalistyki Wydziału Prawa i Administracji Uniwersytetu Gdańskiego