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



Subject and Keywords:

deprivation of freedom   mental state   sanity   incapacitatio


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:



Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:



ISSN 2084-5065   ISSN 0239-6661




pol   eng


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

Is version of:

Czasopisma Naukowe w Sieci (CNS)

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Rights holder:

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

Autor opisu:

WR U/PAdbg