Nowy środek zapobiegawczy w postępowaniu karnym (art. 276a Kodeksu postępowania karnego)
New preventive measure in the criminal procedure (Article 276a of the Code of Criminal Procedure)

Summary/Abstract: In connection with the coronavirus pandemic, special legal solutions are introduced in various spheres of social life. They also apply to criminal proceedings. The Act of March 31, 2020, amending the Act on special solutions related to the prevention and combating of COVID-19, other infectious diseases and emergencies caused by them and some other acts introduced a new preventive measure to the Code of Criminal Procedure. It consists of the prohibition of contacting the aggrieved party, the obligation of keeping a certain distance from persons and the prohibition of publishing any content against the legally protected interests of the aggrieved party (Article 276a of the CCP). The purpose of introducing this preventive measure was to protect members of the medical staff and their assistants from committing another crime to their detriment in connection with their medical care activities. It can be used if the accused has been charged with a crime against the victims mentioned above. However, another act extended the scope of its application to the accused of stalking committed in connection with the performance of any profession by the victim. The article aims to indicate the essence of the new preventive measure, also by referring it to the general regulations concerning the application of preventive measures specified in the Code of Criminal Procedure. The purpose of the article also includes an analysis of the statutory conditions for the application of that new preventive measure, the identification of the authorities authorized to apply it, and the procedures for imposing bans. The article also relates new solutions to other preventive measures, especially the supervision of the Police.

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