{"title":"心理学家的职业保密与刑事诉讼中的保密","authors":"Konrad Burdziak, Magdalena Kowalewska-Łukuć","doi":"10.5604/01.3001.0016.2852","DOIUrl":null,"url":null,"abstract":"The aim of this paper is to give an adequate answer to the question of the status of information obtained by a psychologist in the course of his/her profession. This answer is closely related to the examination of whether such information constitutes a secret within the meaning of the Code of Criminal Procedure and whether it is a \"professional secret\", as referred to in Article 180 1 of the Code of Criminal Procedure, or a \"medical secret\", as referred to in Article 180 2 of the Code of Criminal Procedure. In order to examine these issues, the authors have used the analysis of normative material relating to the issue under examination, primarily the Act of 6 June 1997 - the Code of Criminal Procedure; and the analysis of the views of the doctrine of criminal law. The considerations contained in this paper, which illuminate the issue of professional secrecy of a psychologist, including also, or perhaps above all, its importance and relevance to practising this profession reliably and responsibly, lead to the conclusion that it is necessary to equate professional secrecy of a psychologist with medical secrecy.","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"PSYCHOLOGIST'S PROFESSIONAL SECRECY VERSUS SECRECY IN CRIMINAL PROCEEDINGS\",\"authors\":\"Konrad Burdziak, Magdalena Kowalewska-Łukuć\",\"doi\":\"10.5604/01.3001.0016.2852\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The aim of this paper is to give an adequate answer to the question of the status of information obtained by a psychologist in the course of his/her profession. This answer is closely related to the examination of whether such information constitutes a secret within the meaning of the Code of Criminal Procedure and whether it is a \\\"professional secret\\\", as referred to in Article 180 1 of the Code of Criminal Procedure, or a \\\"medical secret\\\", as referred to in Article 180 2 of the Code of Criminal Procedure. In order to examine these issues, the authors have used the analysis of normative material relating to the issue under examination, primarily the Act of 6 June 1997 - the Code of Criminal Procedure; and the analysis of the views of the doctrine of criminal law. The considerations contained in this paper, which illuminate the issue of professional secrecy of a psychologist, including also, or perhaps above all, its importance and relevance to practising this profession reliably and responsibly, lead to the conclusion that it is necessary to equate professional secrecy of a psychologist with medical secrecy.\",\"PeriodicalId\":34028,\"journal\":{\"name\":\"Probacja\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-03-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Probacja\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5604/01.3001.0016.2852\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Probacja","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5604/01.3001.0016.2852","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
PSYCHOLOGIST'S PROFESSIONAL SECRECY VERSUS SECRECY IN CRIMINAL PROCEEDINGS
The aim of this paper is to give an adequate answer to the question of the status of information obtained by a psychologist in the course of his/her profession. This answer is closely related to the examination of whether such information constitutes a secret within the meaning of the Code of Criminal Procedure and whether it is a "professional secret", as referred to in Article 180 1 of the Code of Criminal Procedure, or a "medical secret", as referred to in Article 180 2 of the Code of Criminal Procedure. In order to examine these issues, the authors have used the analysis of normative material relating to the issue under examination, primarily the Act of 6 June 1997 - the Code of Criminal Procedure; and the analysis of the views of the doctrine of criminal law. The considerations contained in this paper, which illuminate the issue of professional secrecy of a psychologist, including also, or perhaps above all, its importance and relevance to practising this profession reliably and responsibly, lead to the conclusion that it is necessary to equate professional secrecy of a psychologist with medical secrecy.