Ochrona życia i zdrowia oskarżonego w związku z tymczasowym aresztowaniem

Abstract

The Code of Penal Procedure provides for both custodial and non–custodial preventive measures. The first type of preventive measures, i.e. the remand, prevents suspects from evading justice by holding them in custody and may take the form of temporary detention. This measure should be used only when it is warranted by reliable causes and when the detainee’s rights are secured. The conditions for the use of temporary detention are provided in The Code of Penal Procedure and specified in greater detail in The Executive Penal Code, where legislators indicate the specific institutions and rules for its execution in ways that fulfil both the requirements of administration of justice and the need to secure the health and well–being of temporarily detained suspects. A serious threat for the health and well–being of suspects on one hand warrants waiver of detention, and on the other, when there are no impediments, execution of detention under conditions that ensure the suspect’s well–being and safety. Consequently, the suspect’s poor health does not preclude the use of temporary detention if the interest of administration of justice cannot be protected in any other way. In such a case, suspects should be placed in an adequate medical facility where professional medical care can be provided, and when the requirements of the penal procedure may be fulfilled.