Konstytucyjne gwarancje wolności osobistej. Rozważania de lege ferenda
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Date
1989
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Wydział Prawa i Administracji UAM
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Constitutional guaranties of personal freedom.. De lege ferenda considerations
Abstract
Personal freedom is one of the interests which were very early counted among
the rights of an individual declared and protected by constitutions. The Constitution
of the Polish People's Republic of 1952 generally grants to citizens personal
inviolability and stresses that the deprivation of liberty may take place only in instances determined by law. In Polish law legal titles of the deprivation of
liberty are highly diversified. They comprise repressive measures, e.g. the deprivation
of liberty for criminal offences and transgressions, and to some extent,
e.g. in military law, for disciplinary delicts, preventive measures in criminal proceedings,
arrest and preliminary detention, executive measures in civil and criminal
proceedings, forced hospitalization, e.g. of people with contagious diseases,
or of people who commited offences but who require medical treatment in isolation
due to the threat they constitute to others, measures applied towards addicts.
internment in extraordinary situations, measures applied for diagnostic
ses, etc.
A new constitution should determine the grounds and purposes of the deprivation
of liberty so that to reduce the number of situations when a citizen may
be deprived of liberty. Some measures consisting in deprivation of liberty should
be eliminated, e.g. executive measures. The grounds and duration of preliminary"
detention should be reduced, with the right to apply that measure vested exclusively
in a court. The maximum duration of arrest without the court decision
should not exceed 24 hours, and the arrested should be informed immediately
about the grounds of arrest. In general, preventive measures should be applied
only in order to secure the right course of proceedings. A new constitution should
also contain the regulation concerning the damages for illegal deprivation of liberty
and should provide for the interdiction to apply physical and psychical
torture and other forms of inhuman or humiliating treatment to people deprived
of liberty.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 51, 1989, z. 2, s. 1-30.
Seria
ISBN
ISSN
0035-9629