Granice prawnej dopuszczalności zatrzymania osoby w stanie nietrzeźwości w trybie ustawy o wychowaniu w trzeźwości i przeciwdziałania alkoholizmowi
Limits of the legal admissibility of detaining a drunk person under the Act on Upbringing in Sobriety and Counteracting Alcoholism

Summary/Abstract: The purpose of this article is to analyze the provisions governing the institution of administrative detention. The current legal regulation related to the issues of upbringing in sobriety and counteracting alcoholism sets itself the noble goal of providing help to the addicted person, including providing appropriate support to the relatives of the addicted person. It provides for a catalogue of immediate measures, as well as comprehensive assistance, including the necessary form of support for a medical facility. The provisions of this legal action are to take care of the addict’s life and health, ensure their safety and humane treatment. However, the problem arising from this regulation is the aspect of activities carried out by public officials, aimed at depriving a person under the influence of alcohol. The necessity of deprivation of liberty through administrative detention may be deemed legally admissible or implemented without being justified in the context of applicable regulations. It may also constitute a crime of abuse of power by a public official, not only about the activity mentioned but also in the context of accompanying behaviour. The analysis of the legal status leads to the conclusion that it is necessary tom postulate for individualization of officers’ behaviour in the procedure of administrative detention. The decisive criterion should be the protection of human life and health. In cases where such protection is not required by an entity, administrative detention seems to be unjustified, which as a consequence may result in a violation of the constitutional rights of the detained.

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