Obowiązek podjęcia funkcji biegłego przez lekarza w polskim procesie karnym
The duty of taking on the role of a medical expert by a physician in a criminal procedure in Poland

Summary/Abstract: Medical experts play an important role in criminal trials. Among many other tasks, they areresponsible for giving their opinions on the defendant’s mental capacity, or on the bodily harmresulting from the offence.One of the basic duties of a doctor who partakes in a criminal trial as an expert is taking on theresponsibilities of an examiner. The doctor becomes one immediately after the authorisation issuedby a competent body and passed on to the doctor concerned. A medical expert might applyfor an exemption by submitting a motion as specified in the Art. 9 § 2 of the Code of CriminalProcedure. Only a decision to call a new medical expert frees the doctor from this duty.It seems that the said duty does not arise in the cases when the decision is issued by a bodythat does not have the competence necessary to do so. The aforementioned findings are confirmedby the theory of formalisation and conventionalisation of the process actions in criminalprocedure.

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