Užití omezovacích prostředků v průběhu civilně-zdravotnických detencí s komparací české a německé právní úpravy
The use of restraining measures during the civil-health detention with comparison of Czech and German legal regulation

Summary/Abstract: The article contains fundamental information about restrictive means, especially about their systematics and definition in national and international rules. Restrictive means and their application during civil-medical detention are introduced in several field (description, analysis, comparison). Restrictive means are appreciable intervention in rights of person. It could be through physical restraints, mechanical restraints, chemical restraints and seclusion. Basic sources form a compact overview focused on restrictive means matters. Like a sources there are include Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights and Basic Freedoms which consists of rudimental legal bases. Another important sources are the Civil Code n. 89/2012 Coll., and the Health Services Act n. 372/2011 Coll., which restrictive means explain like a handles, protective belts, courts, net bed, safe movement room, protective jacket or vest and psychiatric medication. A Czech detention law could be divided into the public and private part of legislation. The private law regulation of detention is based on guardianship, but the article describes a new variant of interpretation law through provisions about the interference with integrity. A German legislation is mentioned there after a detailed analysis the Czech legislation. The article submits comparison of these two legal regulations in the issue restrictive means (substantive and procedural law). The German legislation is different from the Czech legislation in some aspect (systematic conception of substantive law, procedural unity). There are new thoughts inspired by the German law for future legal regulation in the Czech Republic.

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