Problematyka postpenalnej izolacji terapeutycznej osób z zaburzeniami psychicznymi stwarzających zagrożenie życia, zdrowia lub wolności seksualnej innych osób
Issues of Postpenal Therapeutic Isolation of Persons with Mental Disorders Causing Danger for Life, Health or Sexual Freedom of Other Persons

Summary/Abstract: The present contribution looks into selected aspects of the postpenal therapeutic isolation of persons with mental disorders causing danger for life, health or sexual freedom of other persons. The article discusses the issues concerning the legal status of people with mental disorders who, after serving a custodial sentence, have been placed at the National Center for the Prevention of Dysfunctional Disability or for which the surveillance was applied. The considerations included in the article were inspired by Polish socio‑political events of 2013 which led to the creation of a model of security and preventive and therapeutic interventions. The aim of the article was to examine the compatibility of the adopted legislative solutions with the constitutional values expressed in Article 31 paragraph 3 and Article 41 paragraph 1 of the Constitution. The conducted analysis of indicated in the Act of 22 November 2013 allowed their critical evaluation from the perspective of compatibility with the norms of the Constitution, as well as in regard to the medical law, in particular the protection of mental health.

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