Prohibited acts of incapacitated against persons exercising custody

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 1
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 1

Daniel Jakimiec - Ph.D., court referendary at the Lublin - Zachód District Court in Lublin

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incapacitated, family, family disfunctions, court, public prosecutor


Prohibited acts of incapacitated against persons exercising custody are one of the problems with which custodians are faced with. In many cases those problems remain unresolved, having therefore a negative influence on a family and its functions. One of the solutions that could be adopted are the protective measures, as stated in Article 17 § 3 of Polish Code of Criminal Procedure. Protective measures are regulated within the Chapter X of Polish Criminal Code. Amongst these measures Article 93 and 94 § 1 and 3 of Polish Criminal Code authorizes a criminal court to impose ambulatory care or placement in a psychiatric facility. Motion on this subject may be referred by the prosecutor to the criminal court, as provided in Article 324 § 1 of Polish Code of Criminal Procedure. Considering that some of the prohibited acts directed against the closest ones are prosecuted on their complaint, there is nothing to prevent the victim custodian from asking the public prosecutor, along with referring to medical records regarding the state of health of the incapacitated, to apply to the court for the application of these safeguards. It is worth noting that the role of the public prosecutor, which is the public accuser, is not only to stigmatize the behavior of individuals, but also to prevent. In addition, the activities of the custodian aiming at taking the appropriate treatment by the incapacitated are in accordance with the principle of his/hers good.