Udział niepoczytalnego podejrzanego w postępowaniu sądowym w przedmiocie stosowania środka zabezpieczającego w postaci pobytu w zakładzie psychiatrycznym
The participation of the insane suspect in the court proceedings regarding the precautionary measure in the form of a stay in a psychiatric institution

Summary/Abstract: This paper presents regulations concerning the issue of whether and when the insane suspect is obliged to participate in proceedings concerning the application and extension of a precautionary measure in the form of a stay in a psychiatric institution. Regarding the procedure related to the application of this measure, the studied question is whether the presence of an insane suspect is in fact always obligatory if psychiatrists have stated that he cannot take part in the court activities or that his participation in these activities is inadvisable for his health. As for the enforcement proceedings, the main issue analyzed in this paper is whether the presence of the person against whom such a measure is applied should be always obligatory or should it depend solely on her will.

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