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Title:

Deprivation of freedom in order to examine a person’s mental state in Polish law

ORCID:

0000-0002-2923-9379

Subject and Keywords:

deprivation of freedom   mental state   sanity   incapacitatio

Abstract:

The subject of these considerations is the deprivation of freedom ordered to diag-nose the state of an individual’s/person’s mental health. Polish law provides for such a diagnostic deprivation of freedom in the event of a suspected offense with a simultaneous doubt as to the person’s sanity at the time of the committing the act (Code of Criminal Procedure), doubt as to mental illness beings a cause of behavior threatening one’s own life or health, or the lives of others (Act on the Protection of Mental Health) and the exist-ence of a mental illness as a reason for incapacitation (Code of Civil Procedure). These legal institutions differ as for constitutional justification (Article 31 point 3) of the Polish Constitution) and their permissible duration. These differences are the main subject of the analysis. Particularly doubtful seems the possibility of diagnostic deprivation of freedom provided for in the proceedings on incapacitation, as to its duration (it may last up to 3 months).

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

1997-

Identifier:

ISSN 2084-5065   ISSN 0239-6661

DOI:

10.19195/2084-5065.55.2

Language:

pol   eng

Relation:

Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 55, 2020, s. 11-20

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg