Problemy prawnego i faktycznego określenia zatrzymania osoby przez policję
Legal and Factual Issues of Defining Police Detention

Summary/Abstract: The article features various aspects of the concept of detention. So far neither the legislator nor representatives of the legal doctrine have drafted a universal definition which would include all designates of this notion existing in the Polish legal system. The following article presents historical and topical views held by representatives of the doctrine in question, as well as examples of various defi nitions of the concept to be found in the relevant literature. Having summarized the presented views, the author has suggested that the desirable defi nition of police detention should apply either to its factual or legal aspects. The factual meaning should refer to a temporary suspension of the right to liberty in terms of the person’s freedom of movement, while the legal meaning – to the very content of the regulation which provides the grounds for factual detention, on the assumption that it is necessary.

• Details
• Contents