Human rights in the context of post-conviction preventive detention in Poland

StatusVoR
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Authors
Dawidziuk, Ewa
Monograph
Human rights protection and Ius Puniendi. Perspectives from central East Europe and Latin American countries
Monograph (alternative title)
Editor
Czarnecki, Łukasz
Date
2023-12-16
Place of publication
Publisher
Springer
Journal title
European Union and its Neighbours in a Globalized World
Human Rights Protection and Ius Puniendi
Volume
Pages
9-31
DOI
ISSN
2524-8928
2524-8936
ISBN
9783031412523
9783031412530
eISBN
Series
European Union and its Neighbours in a Globalized World
Series number
11
ISSN of series
2524-8928
Weblink
https://link.springer.com/chapter/10.1007/978-3-031-41253-0_2
Access date
2023-12-27
Remarks
Abstract PL
Abstract EN
The chapter presents the legal bases of post-conviction detention in Poland so the Act of 22 November 2013 on dealing with persons with mental disorders posing a threat to the life, health or sexual freedom of other people called Dangerous Persons Act. It specifies the reasons for the adoption of that legal act but also the procedure of placement in the National Center for the Prevention of Dissocial Behaviour (Center in Gostynin), where post-conviction isolation is conducted. Moreover, it refers to the procedure of release from that Center as well as transition to another entity such as prison, psychiatric institution or social care home. Each of these points indicates practical problems with the application of the Act. The main part refers to the problems with respecting the human rights of patients of the National Center for the Prevention of Dissocial Behaviour. The author gives the examples of persons who are deprived of liberty there, presents up-to-date statistics on the number of patients, cases brought by them in courts and the number of people who may be referred there in the light of the wide subjective scope of the Act. The chapter describes the living conditions of the Center in Gostynin showing that it’s overcrowded, there is no minimum living space, the right to respect for the private and family life is violated. Internal regulations limit the constitutional and conventional rights of patients of the Center. The current shape of the Center cannot be accepted. To guarantee full respect for human rights, changes are required in many areas of the functioning of this place. Finally, it indicates the most important legal gaps in the Act of 22 November 2013. Problems that emerged during the whole period of the Center’s existence and the use of the Act give sufficient material to identify them. Legal regulations that refer to post-conviction preventive detention in Poland must be comprehensively changed taking into account the humanitarian treatment and respect of human rights.
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wydział prawa
Wydział Prawa w Warszawie
Instytut Prawa
URI
https://share.swps.edu.pl/handle/swps/241
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Acquisition Date31.08.2025
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Acquisition Date31.08.2025