Obliczanie terminów tymczasowego aresztowania
The evaluation of the remand deadlines

Summary/Abstract: The article discusses the issue connected with the use of the most severe means of coercion – a remand. The author intends to pay a special attention to the issue of the evaluation of the remand deadlines, that is insufficient regulation of this subject-matter in the Polish penal procedure. The current code of penal proceeding does not only adjudicate the very aspect in a precise way, but, what is more, by means of inconsistent terms, it brings about serious interpretative difficulties, especially within the scope of the establishment of the initial moment of the remand duration. The author of the article also discusses the influence of the coincidence of the use of a remand with the sentence of imprisonment served by the same person in other case or the overlap of the remand with respect to one person in two separate cases, and evaluation of deadlines of the use of this preventive means. Besides, the article touches upon the issue of the return of the case to the preparatory proceeding and the importance of that fact to the appropriate evaluation of the deadlines of the remand. The considerations presented here allow for making a statement that the current legal state does not meet the scientifically created postulates concerning the establishment and use of regulations related to the means of coercion, and, thus, interferes into the sphere of citizen freedom.

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