Abstract

The gloss refers to the decision of the Court of Appeal in Gdańsk of 8 January 2019, ref. no. II AKz 1077/18, which allows to draw up a sexological assessment by an expert in sexologywho is also an expert in psychiatry, appointed to issue a forensic psychiatric opinion pursuant to Art. 202 of the Code of Criminal Procedure. This assessment is preceded by a discussion of the existing code solutions and the ratio legis of reaching for the opinion of an expert sexologist in the process. This, in turn, is the basis for a discussion of the decision, and then – based on the views of the doctrine, case law, and own observations – undertaking a polemic with the arguments raised in it, also presenting the threats that may be posed by accepting the views of the Court of Appeal in Gdańsk.