Pozycja pokrzywdzonego na tle przepisów materialnego  prawa wykroczeń

Sitarz, Olga

doi:10.31261/ppk.2019.03.03

Cited by 3 publications

(2 citation statements)

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“…It is worth referring to the Evidence-Based Medicine, so EBM consists of standards. EBM should be based on medical knowledge and scientific evidence-made by specialized entities (Zielińska, 2014, as cited in Sitarz & Sitarz, 2022). Excessive sanctions can affect the availability of goods in perspective, it is about balancing the interests of the whole society in terms of public liability (Barczak-Oplustil & Sroka, 2022, p. 9).…”

Section: De Lege Lata and De Lege Ferenda Postulatesmentioning

confidence: 99%

The public interest perspective in the medical grounds

Duma

2023

EEJTR

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The goals include the obtained results from the advisable sources, specifically as a sense of the carried-out analysis. So it is a conceivable objective that the legal national interest perspective should be explicit pursuant to the doctrine. The patient has a number of rights not cataloged numerus clausus. However, how has legislation changed in the face of the pandemic and European Union budgetary law? Did it have an impact on strengthening the law and increasing the focus on the patient? In such difficult times of a pandemic, it was necessary, therefore, to adapt more to technological and legal developments. The restrictions that resulted from the pandemic, however, were intended not to infringe on patients' acquired and absolute human rights. It is an important dogmatic and historical method in the sense that this is a work with a historical dimension because it is describing the most important events in the history of the globe for human rights and medical law, which are trying to combine. In conclusion, it is important to share knowledge in the field of medical law that is popularized in the field of documents considered medical, which has been discussed more in the text. It aims to indicate where an individual would assert the rights if not through the proliferation of specialized human rights courts. What is more significant, the representation of states is related to their international competencies, which may, in the future, ensure membership of other international organizations, in order to focus the role of a global coordinator of similar problems in the European sphere. It is the choice of countries to belong to international specialized organizations that make it easier to shape mechanisms for the protection of medical rights.

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Section: De Lege Lata and De Lege Ferenda Postulatesmentioning

confidence: 99%

The public interest perspective in the medical grounds

Duma

2023

EEJTR

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“…The procedure should last no longer than one month, and its period is not included in the duration of preparatory proceedings. The CCP does not restrict the possibility of referring a case to mediation according to the type of criminal offence attributed to the accused (Sitarz, 2017). The participation of the aggrieved party and the accused in mediation proceedings is voluntary, and the authorized organ accepts the consent of the parties to participate in the proceedings, explains to them the objectives and principles of mediation proceedings, and informs them of the possibility of withdrawing their consent until the completion of proceedings.…”

Section: An Outline Of Various Regimes Of the Legal Liability Of A Ph...mentioning

confidence: 99%

On the Insufficiencies of the Current Legislative Regime Regarding Physician-Patient Mediation in the Professional Liability of Physicians. A Critical Analysis of the Polish Solution

Bek¹,

Hanc²

2023

mls

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The article presents a critical opinion on physician- patient mediation conducted in the context of proceedings on the professional liability of physicians. The starting point is the Act on Medical Chambers, which provides for the possibility of conducting a mediation between the accused physician and the aggrieved patient. This regulation is unique in the region. Its specific measures, such as, for example, the choice of a mediator among physicians, have undergone a critical assessment in the literature. As a rule, the need for the functioning of mediation in the context of professional liability is not called into question. However, a thorough analysis of the assumptions of mediation and restorative justice and the function of professional liability of physicians suggests going a step further. Although the physician-patient conflict certainly requires conciliatory solutions, it seems that the disciplinary regime does not provide an adequate foundation for agreement because it is unable to secure the aggrieved person’s interests.

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Między Prewencyjnym a Bezprawnym Pozbawieniem Wolności − Uwagi Na Tle Instytucji Kwarantanny

Wasylik

2023

Studia Iuridica

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This article attempts to provide a partial examination of the title issue in the Polish legal order from the point of view of criminal law. The basic thesis of the article boils down to the statement that the criminal law limits of admissibility of the application of quarantine in Poland, during the Covid-19 pandemic, contradicted, inter alia, article 5(1)(e) of the ECHR, but also violated the accepted order of hierarchy of Polish legal acts as referred to in the Constitution and the rules of correct legislation. In order to demonstrate such a statement, the manner and conditions and the possibility of applying this type of measure of medical coercion, as well as the sanctions for its violation, were taken into account. Attention was paid to selected consequences resulting from this classification. In addition, a survey of the case law of the common courts, administrative courts, the Supreme Court and the Supreme Administrative Court on the violation of quarantine was carried out. It has been assumed that the court’s imputation of a criminal act the elements of which are defined by a blanket provision of the criminal act and supplementary provisions of other normative acts, requires: 1) verifying the admissibility of regulating a specific matter with regulations of a sub-statutory rank; 2) examining the compliance with the Constitution of the content of such regulations are in line with the blanket regulation, and 3) observing the scope of the authorization to issue them, placed in the law. The aforementioned matters must be regulated directly in the law, which will ensure that the standards resulting from the Constitution are met, and their enforcement should be carried out by sanitary authorities or courts. The view was expressed that in criminal procedure, preventive measures should be aimed at the prevention of crimes and not at every unlawful act. It was stressed that the public authorities should take responsibility for every unlawful violation of constitutionally protected rights. It was argued that the size of any administrative fines imposed for noncompliance with the quarantine obligation should be proportionate to the financial capacity of the majority of citizens, in accordance with the directives that follow from administrative law. Finally, a critical assessment was made of the legality of imposing quarantine in the context of international treaty obligations for the protection of human rights.

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Pozycja pokrzywdzonego na tle przepisów materialnego prawa wykroczeń

Cited by 3 publications

References 0 publications

The public interest perspective in the medical grounds

The public interest perspective in the medical grounds

On the Insufficiencies of the Current Legislative Regime Regarding Physician-Patient Mediation in the Professional Liability of Physicians. A Critical Analysis of the Polish Solution

Między Prewencyjnym a Bezprawnym Pozbawieniem Wolności − Uwagi Na Tle Instytucji Kwarantanny

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