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RESEARCH ARTICLE
Assessing the justification for the use of direct coercion under Article 18, Section 10 of the Act of 19 August 1994 on the protection of mental health (de lege lata comments and de lege ferenda conclusions)
 
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Akademia Wymiaru Sprawiedliwości
 
 
Publication date: 2025-12-31
 
 
Corresponding author
Grzegorz Kowalski
Akademia Wymiaru Sprawiedliwości
 
 
PPM 2025;7(4):0
 
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ABSTRACT
Assessing the justification for the use of direct coercion under Article 18, Section 10 of the Act of 19 August 1994 on the protection of mental health (de lege lata comments and de lege ferenda conclusions) The article analyses the provisions of Article 18, Section 10 of the Act of 19 August 1994 on the Protection of Mental Health, which regulate the assessment of the justification for the use of direct coercion against persons with mental disorders. Based on the dogmatic-legal method, in particular, the issues concerning the subject and criteria of the above-mentioned assessment, entities authorized to make this assessment, cases of the use of direct coercion subject to assessment, the obligation and deadline for its performance, as well as its content and nature were discussed. The analysis of the provisions of Article 18, section 10 of the Act of 19 August 1994 on the protection of mental health leads to the conclusion that this regulation is incomplete and insufficient, both from the point of view of ensuring the objectivity of the above-mentioned assessment and protecting the rights (including freedom from direct coercion) of people with mental disorders, and consequently also from the point of view of the purposes specified in the preamble to this Act, which this Act is to achieve. Therefore, the last part of the article presents proposals for introducing changes to the above-mentioned Act, which would eliminate the above-mentioned defects of the current regulation.
eISSN:2719-3748
ISSN:2657-8573
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