Biegły seksuolog w postępowaniu karnym
Certified sex therapists in criminal proceedings

Summary/Abstract: The paper discusses the legal regulations on the participation of certified sex therapists in criminal proceedings. Among other things, it is indicated that the strict regulations in article 202 ofthe Code of Penal Procedure apply exclusively to situations where a certified sex therapist participatesin issuing an opinion on a defendant’s/suspect’s ability to understand the meaning oftheir act and to control their behavior. It is noted that there are no obstacles for a certified sextherapist to take part in criminal proceedings even when he/she is not a medical doctor but hasthe relevant certificate issued by the Polish Sexological Society. He/she can act in the capacity ofan expert speaking about the sexual preferences or mental disorders present, for instance, ina witness. It is also suggested that it is necessary for judges and prosecutors to pay more attentionto the stipulations of article 202, section 3, of the Code of Penal Procedure, in particular tothe fact that it is obligatory to obtain a sex therapist’s opinion alongside a psychiatrist’s opinionin the case of the above-mentioned suspected disorders. It is also emphasized that the lists of certified experts in the field of sex therapy need to be updated.

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