3/2007A review of roles a medical professional can play defined by criminal law

JAROSŁAW DROBNIK (Katedra i Zakład Medycyny Rodzinnej Akademii Medycznej we Wrocławiu; Kierownik: prof. dr hab. med. Andrzej Steciwko)

Summary
Medical professionals come into contact with authorities and courts more often, than it is thought, and the number of them is still rising, so it is necessary to reduce the stress they produce by educating medical professionals about criminal law rules defining their potential roles. The huge amount of criminal law rules and literature was reviewed to find out the part of them most important for defining the rights and duties of persons taking part in criminal proceedings and trials, while they play different roles. Medical professionals can take part in criminal proceedings and trials as witnesses, harmed persons, detainees, suspects, accused persons and sometimes even convicted persons. It is described in many law rules, especially in the Criminal Code of Practice, which outlines the rights and duties of persons playing each of the roles mentioned above. In many cases also executory provisions are of big importance. Because there are plenty of criminal law rules, that could relate to medical professionals, it is very important to get familiar with them before any situation comes, that makes it necessary for the medical professional to consciously make use of his proper rights and to avoid the responsibility for faulty actions against existing duties. The evolution of the law is unpredictable for a person which is not a professional lawyer: some law rules are changed often and deeply, another have stayed unchanged even for almost 80 years. It makes it necessary to periodically follow the changes, because in modern society the way of life of a citizen is defined as well by law forces as by economic and environmental factors.

Key words: medical law, criminal proceedings, criminal trial