SĄDOWA OCENA ZASADNOŚCI UMIESZCZENIA OSOBY Z ZABURZENIAMI PSYCHICZNYMI W SZPITALU PSYCHIATRYCZNYM BEZ JEJ ZGODY (WYBRANE ZAGADNIENIA)
JUDICIAL EVALUATION OF THE LEGITIMACY OF PLACING A MENTALLY DISTURBED PERSON IN A PSYCHIATRIC HOSPITAL WITHOUT THEIR CONSENT (SELECTED ISSUES)

Summary/Abstract: The purpose of the article is to determine how the judicial evaluation of the appropriateness of admitting a person with mental disorders to a psychiatric hospital is carried out, from the perspective of meeting psychiatric-psychological and formal prerequisites. The considerations undertaken focus on the analysis of the prerequisites for admission to a psychiatric hospital in the so-called emergency and observation mode. The file research was carried out at the district court in Poznań and included cases from 2018–2020. The results of the research showed that it is necessary to introduce legislative changes consisting, among other things, in the introduction of a statutory deadline within which the court is obliged to issue a decision on the validity or lack of grounds for admission to a psychiatric hospital; as well as the amendment of Article 23 of the Act on the Protection of Mental Health in such a way that admission to a hospital would require approval by the head of the ward (the doctor in charge of the ward) within 24 hours of admission, and the head of the hospital would notify the court of the above within 72 hours of admission.

• Details
• Contents