Patient autonomy and criminal law

Abstract

This chapter examines how Polish criminal law protects the patient’s autonomy. First, the historical evolution of this protection is presented. Then, an analysis of the current legal status is given, covering the constitutional basis of criminal law protection of the patient’s autonomy and the regulations of medical law, which stipulate that the patient’s informed and voluntary consent is a basic condition for the admissibility of a therapeutic procedure. The various types of exceptional situations in which Polish law allows for medical activities despite a lack of consent are also explored. The remainder of the chapter provides a detailed analysis of criminal liability for performing a therapeutic procedure without the consent of the patient. Finally, an attempt is made to answer the question of whether Polish criminal law adequately protects the patient’s autonomy.