Obligatoryjna obrona w postępowaniu karnym ze względu na stan zdrowia psychicznego oskarżonego. Poglądy doktryny i orzecznictwa
Obligatory defense in criminal proceedings due to the mental health of the accused. Views of doctrine and jurisprudence

Summary/Abstract: The article is an attempt to analyze the institution of obligatory defense in criminal proceedings in the context of fulfilling the provisions of the Article 79 § 1 item 4 of the Polish Code of Criminal Procedure, i.e. in a situation of a reasonable doubt, whether their (accused) mental health condition allows them to participate in the proceedings or conduct defense in an independent and reasonable manner. New version of Article 79 of the Code of Criminal Procedure was introduced with the amendment of September 27, 2013, effective from July 1, 2015. The adopted change in comparison with earlier solutions involves the separation of the grounds of mandatory defense due to the premises of tempore criminis (Article 79 § 1 item 3) and tempore procedendi (Article 79 § 1 item 4). The aim of these changes introduced in this provision is to indicate objective criteria, while at the same time referencing a certain pattern of average behavior, in which it is effectively possible to assess one’s own behavior and exercise the powers granted. The article addresses the concept of “mental health”, the documentation and assessment of the state of health of the accused and the issue of the independence and reasonableness of the defense in criminal proceedings. The study is complemented by the presentation of selected court decisions in the context of the defense. The article concludes with a synthetic summary

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