Permission for a Detained Person to Be Temporarily Released From a Psychiatric Facility (Selected Dogmatic Issues) Cover Image

Zezwolenie na czasowe opuszczenie szpitala psychiatrycznego przez osobę detencjonowaną (wybrane zagadnienia dogmatyczne)
Permission for a Detained Person to Be Temporarily Released From a Psychiatric Facility (Selected Dogmatic Issues)

Author(s): Szymon Tarapata
Subject(s): Criminal Law, Evaluation research, Health and medicine and law, Penal Policy
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: pass; permission to be temporarily released from a psychiatric facility; executive criminal code; psychiatric detention; protective measures;

Summary/Abstract: The article presents the analysis of the substantive criteria of permission for a detained person to be temporarily released from a psychiatric facility as described in Article 204d of the Polish Executive Criminal Code (k.k.w.). These criteria were divided into positive and negative. Considerations made in the text show that the prerequisites of granting the above-mentioned permission are constructed in a broad manner. The article also states that to apply the negative premises from Article 204d § 5 and 6 of k.k.w. it is necessary to prove that guilt can be attributed to the detainee for failure to return on time from the previous pass, or for undertaking actions endangering his or her own life or health.

  • Issue Year: 24/2020
  • Issue No: 1
  • Page Range: 155-166
  • Page Count: 12
  • Language: Polish