Critical commentary on the decision of the Supreme Court, ref. no. cat: I KK 23/21

Abstract

The purpose of this article is to criticize the view expressed by the Supreme Court in the judgment of May 26, 2021, I KK 23/21, in which the Supreme Court classified breast augmentation surgery as a medical service, while assessing whether it is appropriate to hold the doctor disciplinary liable for providing medical services beyond the scope of their qualifications. In the author's opinion, such reasoning is unacceptable when adjudicating on disciplinary liability, because the reasoning of the courts deciding this case and the Supreme Court is per analogiam reasoning, which results in an unfavorable interpretation for the accused, which is unacceptable in the light of the principle of nullum crimen sine lege certa. The author argues with the Supreme Court's position and approving views, while suggesting an alternative way of resolving the case, consistent with the constitutional standards of criminal justice.