Zatrzymanie procesowe jako środek przymusu. Nadzór sądowy i prokuratorski nad krótkimi formami izolacji jako potrzeba stałej kontroli przypadków nadużycia władzy
Procedural Detention as a Coercive Measure. Judicial and Prosecutorial Supervision of Short-Term Forms of Isolation as a Need for Constant Control over Cases of Abuse of Power

Summary/Abstract: Detaining a person is one of the activities that most interfere with the sphere of civil rights and freedoms and is within the competence of law enforcement agencies, sometimes causing a wide social and media response. In extreme cases, there are even allegations of abuse of this measure by the executive power. Detaining a person is one of the most frequently used police powers. This form of short-term deprivation of liberty and freedom of action of the detainee has a clear statutory purpose which is to apply a preventive measure in the strict sense or to bring a suspected or accused person to an authorised authority. The special nature of detention results from the fact that it is a form of temporary derogation from the constitutional principle that only a court can decide on deprivation of liberty. The decision of law enforcement authorities (usually the Police) and the method of carrying out activities related to the detention of a person are extremely important, and most often they take place quickly and without the possibility of a thorough analysis of all the circumstances accompanying these actions. Detention interferes with the constitutionally guaranteed personal freedom of a citizen and actually prevents contact with other people and the transfer and receipt of any items without the consent of the judicial authorities. Detention, as a form of deprivation of liberty often used in practice, must be legally limited and subject to special control in terms of violations of human and civil rights. The study presents the mechanisms of judicial and prosecutorial control and supervision over the use and execution of detention.

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