Specjalista psychoterapii uzależnień w postępowaniu karnym
Specialist in addiction psychotherapy in criminal proceedings

Summary/Abstract: Since 2011, it has been possible to introduce a special participant, called an addiction psychotherapist, into Polish criminal procedure. The role assigned by the legislator to this subject is regulated in Article 70a of the Law on Prevention of Drug Abuse. According to the “treatment instead of punishment” principle, the certified psychotherapist should collect certain information from the defendant, which will enable the judicial body to apply alternative therapeutic and curative measures to him. This paper seeks to demonstrate that the regulation of a much-needed specialist in cases related to the prevention of drug abuse, includes an inadequately defined position of the specialist in criminal proceedings. The author focuses on presenting the relationship be-tween the failure of the judicial bodies to properly apply the institution of information gathering and the failure to define the correct status of the specialist, as well as the failure to secure procedural guarantees for the defendant in this regard, which fall under the right of defence. The main conclusion drawn from the considerations is the de lege ferenda postulate on the need to grant an addiction psychotherapist the status of an expert witness in proceedings. This amendment should be reflected in the Criminal Procedure Law, which will allow for the introduction of a comprehensive regulation in the future, not only limited to special knowledge on psychoactive drug addiction but also referring to any other addiction.

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