Postępowanie w przedmiocie przedłużenia stosowania, uchylenia lub zmiany środka zabezpieczającego – wybrane zagadnienia procesowe
Legal proceedings to extend the application, suppress or change a preventive measure – selected procedural issues

Summary/Abstract: The time of application of preventive measures is not predetermined which is due to their nature. Therefore, the guarantee elements in adjudicating on the extension of the application, suppressing or modifying a preventive measure are of great importance. Procedural solutions that guarantee effective control over the application of the measure should be of key importance during the proceedings. The aim of the article is to analyse the solutions adopted in this area in Polish law and their assessment in terms of protecting the rights of persons against whom preventive measures are applied. An extremely important element in the procedure of adjudicating on a preventive measure in enforcement proceedings is the determination of entities entitled to initiate proceedings in this respect and to appeal against decisions. It is no less important to guarantee the party’s right to attend the meeting in person and to be heard. In the light of the assessment of Polish legislation, de lege ferenda conclusions were formulated. It was proposed to amend Article 199b Clause 3 of the Penal Enforcement Code by eliminating the alternative approach to the right to participate in the meeting concerning the perpetrator and his defender. Moreover, in Article 199b Clause 1 of the Penal Enforcement Code, it was proposed that the catalogue of entities authorized to submit an application for a ruling, changing or suppressing of a preventing measure should be extended to include a probation officer due to his role and position in the implementation of preventive measures.

• Details
• Contents