Tryb zwolnienia z tajemnicy lekarskiej w przypadku reprezentacji małoletniego pokrzywdzonego w postępowaniu karnym przez reprezentanta dziecka
Procedure for exemption from medical secrecy in the case of representation of a minor victim in criminal proceedings by the child’s representative

Summary/Abstract: The procedure for obtaining information covered by medical secrecy for criminal proceedings in a situation where this information concerns a minor remained a controversial issue, what resulted in different practices of both courts and law enforcement authorities in obtaining medical knowledge in this area. It remained problematic whether expressing consent pursuant to Art. 40 section 2 point 4 of the Act on the medical and dental professions, the disclosure of medical confidentiality releases the physician from the obligation to keep this secret and, consequently, the release of the physician from this obligation pursuant to Art. 180 § 2 of the Code of Criminal Procedure. The aim of this article is to present this issue in the context of a situation where a minor victim is represented in a criminal trial by the so-called child’s representative. The authors discuss both the procedures for releasing a person from medical secrecy, as well as issues related to the scope of powers of the child’s representative and the nature of activities involving consent to the disclosure of medical secrecy, formulating conclusions regarding the procedure in the discussed category of cases.

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