Abstract

This gloss concerns the sources of the duty of the guarantor in criminal law. The author evaluates the thesis expressed in the judgment of the Supreme Court according to which it is the situation that may constitute the source of the guarantor's duty. First, author presents the situation, namely exposure of the victim to the imminent danger of loss of life as a result of improper performance of therapeutic actions. Subsequently, the position of the first and second instance court and the court of cassation have been analysed. The author also refers to the views expressed in the doctrine and the case law, and then analyses the provisions of statutory acts.