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    Published: 2026-06-30
    Vol. 24 No. 1 (2026)

    Criminal law aspects of the activities of so-called naturopaths. Gloss to the Supreme Court decision of 24 August 2023, file no. III KK 461/22

    Anna Marcinkowska
    The Opole Studies in Administration and Law
    Section: Articles
    DOI https://doi.org/10.25167/osap.6138

    Abstract

    In the commented judgement, the Supreme Court expressed its opinion on the causal relationship between a perpetrator’s actions and the effect when the victim, exercising the right to decide for oneself, voluntarily resigned from an oncological treatment. The ruling detailed the issue of self-exposure of the victim and consequences regarding criminal liability. The Supreme Court rightly found that the injured party consciously and voluntarily rejected a conventional treatment and therefore the thus expressed will ought to make
    the basis for the criminal law assessment by the courts adjudicating the case regarding the objective attribution of consequences. The commentary on this judgment includes scholars’ views concerning the injured party’s conscious self-exposure. The issue of the latter in case law and the views present in criminal law are then analyzed. Activities of the so-called naturopaths have been assessed from a legal and criminal law perspective, and legislative solutions have been proposed that could curtail the practice of providing by them medical advice that is harmful to health and life.

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    Marcinkowska, A. (2026). Criminal law aspects of the activities of so-called naturopaths. Gloss to the Supreme Court decision of 24 August 2023, file no. III KK 461/22. The Opole Studies in Administration and Law, 24(1), 183–195. https://doi.org/10.25167/osap.6138

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