Środek zapobiegawczy zakazu zbliżania się na wskazaną odległość, zakazu kontaktów lub zakazu publikacji w stosunku do członka personelu medycznego lub osoby przybranej mu do pomocy

Abstract

The article has an investigative nature and analyzes new preventive measure introduced by the Act of 31 March 2020, applicable to the accused of crime committed towards member of medical staff or to the person cooperating with medical staff in relation to the medical care activity performed. The main scientific goal of the article is to prove that such measure, besides critical opinions, can have an important role in assuring safety to medical staff, although such goal is not adequate to main goals of preventive measures, as well as to indicate necessary legislative modifications which should eliminate discrepancies due to its defective regulation. The result of investigation is original, because demonstrates the need of intervention of the legislator, despite the regulation is pretty recent. The investigation has been conducted on national level, but can be useful for other states, as it relates to the original preventive measure which exceed the traditional understanding of such measures. It is important for science, because it contains profound dogmatic analyses, presents an important load of theory. It is also important for the practice, as it indicates the interpretative direction of premises of this measure and other its elements, which can be helpful for its homogenous application.