Monitor Prawniczy

no. 24/2020

Security of events that are not mass gathering and exposure to danger. Free-of-charge assumption of guarantor responsibilities

Kazimierz J. Pawelec
Autor jest adwokatem Izby Warszawskiej, adiunktem w Instytucie Nauk o Bezpieczeństwie, Wydziału Nauk Społecznych, Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach; ORCID: 0000-0001-8669-0249.
Abstract

The commented Supreme Court judgment raises several material issues including those associated with ensuring medical coverage of events that are not mass gatherings, the notion of creating a hazardous situation, the offence of causing exposure to danger, as well as criminal liability of paramedics who provide medical aid in the situations that involve hazards to life or health without any contract and without remuneration, which fulfils the definition of a guarantor who assumed the responsibility of protecting certain interests protected by law against danger. The analysis concerns inter alia the structure of the offence of causing exposure to danger taking into account the provisions of Art. 9 § 1 or Art. 9 § 2 of the Penal Code. The presented problem continues to arouse disputes both in judicature and the doctrine.