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PREVENTIVE DETENTION AND PUBLIC SAFETY UNDER THE POLISH ACT ON DANGEROUS PERSONS WITH MENTAL DISORDERS
Cezary Tomiczek
Justyna Gach
Abstract
This article examines the legal solutions introduced by the Polish Act of 22 November 2013 concerning persons with mental disorders who pose a threat to the life, health, or sexual freedom of other persons. The study focuses on the conditions required for classifying an individual as dangerous, the application of preventive supervision, and placement in the National Centre for the Prevention of Dissocial Behaviour (KOZZD). The research is based on the legal-dogmatic method and an analysis of the relevant legal provisions and scientific literature. Particular attention is paid to the relationship between public safety and the protection of individual rights and freedoms. The findings indicate that the Act constitutes a unique preventive mechanism designed to protect society from individuals presenting a high risk of committing serious offences after completing their prison sentences. At the same time, the application of post-penal isolation raises important legal and ethical concerns regarding proportionality, personal liberty, and human rights protection. The effectiveness of the Act depends on judicial oversight, reliable psychiatric assessment, and the availability of appropriate therapeutic measures.
Keywords:
preventive detention, public safety, mental disorders, preventive supervision, KOZZD, polish lawMost read articles by the same author(s)
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