Archive 1992–2014

Aims. To draw attention to the executory penal code revisions introduced under the Act of July 24th, 2003, eliminating the discordance between the management of persons detained in a mental hospital and legal regulations of the Constitution of the Republic of Poland.
Legal regulations. The hitherto obligatory principles of the management of persons detained in mental hospital, specified in the Ordnance of the Minister of Health of 26th February 2001, restricted their constitutional rights and freedoms by being discordant with Article 31, paragraph 3 of the Constitution of Poland that provides the possibility to restrict the constitutional rights and freedoms only on the grounds of the Act "and only if it is necessary in the democratic state for its security or public order, or for the environment, public health and morality protection, or for freedom and rights of third parties" and will not infringe the essence of freedom and rights. Under the Act of 24th July 2003 revised were the provisions concerning the types of mental hospitals and alcohol/drug treatment facilities, the principles and mode of referring patients therein, as well as the rights and duties of perpetrators detained in such institutions – thus the discrepancies between legal regulations and the Constitution of Poland were eliminated. An appropriate executive ordnance was issued by the Minister of Heath with annexed rules specifying the rights and duties of persons treated in enhanced security or maximum security psychiatric care facilities.
Commentary. On the grounds of the regulations exemplified in the annex particular facilities should develop their own rules to acquaint the patients and staff with their rights and duties, and to prevent misunderstandings and problems resulting from insufficient information.