Takeover of judgments of foreign disciplinary courts in matters of disciplinary liability of physicians in the Republic of Poland Cover Image

Przejęcie do wykonania w RP orzeczeń zagranicznych sądów dyscyplinarnych w sprawach odpowiedzialności dyscyplinarnej lekarzy
Takeover of judgments of foreign disciplinary courts in matters of disciplinary liability of physicians in the Republic of Poland

Author(s): Monika Urbaniak
Subject(s): Civil Law
Published by: Naczelna Izba Lekarska
Keywords: doctor; disciplinary court; disciplinary responsibility;

Summary/Abstract: The takeover of judgments of foreign disciplinary courts in cases involving disciplinary liabilityof physicians raises serious legal controversy. This is an important issue, due to the fact that theprofession is performed by Polish doctors outside the country, in relation to which sanctionswere imposed by disciplinary courts in other countries. The current shape of the Act provides, admittedly, the rules of the doctor’s liability in Art. 112 of the Act on Chambers of Physicians, which, referring to the principle of proper application of the Code of Criminal Procedure and the Criminal Code, does not explicitly provide for the application of Art. 114 sec. 2 CCP. Lackof proper statutory provisions may in practice result in decisions being taken by medical courts,based on a non-existent legal basis, and thus violate the physician’s rights.

  • Issue Year: 11/2018
  • Issue No: 11
  • Page Range: 25-32
  • Page Count: 8
  • Language: Polish
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