Zgoda na korzystanie z aparatu telefonicznego przez tymczasowo aresztowanego w świetle rozporządzenia Ministra Sprawiedliwości z dnia 22 grudnia 2016 roku
Permission to use a telephone by the person who was temporarily arrested in the light of the regulation issued by the minister of justice on 22 December 2016

Summary/Abstract: The present work discusses the problems associated with the limiting of the rights of a temporarily arrested person in the light of the regulation of the minister of justice issued on 22 December 2016. In the statutory act of law, i.e. the provision Art. 217 c § 2 kkw, the legislator regulated the substantive limitations associated with the use of a phone by the person who was temporarily arrested. However, the solutions contained in the regulation of the minister of justice which was instituted, and more specifically § 25 of this document, introduce substantive limitations. As a consequence, a situation is brought about in which the rights of an individual are limited in a lower-order legal act, which infringes the constitutional values of a state of law. Moreover, the article presents an interpretation of the provisions Art. 217 § 2 kkw and § 317 of the regulations of the minister of justice issued on 23 December 2015 – The rules and regulations of the operation of the courts of law and § 190 of the regulations of the minister of justice issued on 7 April 2016 – The rules and regulations of the internal operation of the common organisational units of the public prosecution service.

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