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JUDGMENT COMMENTARY
Overview of the Supreme Court's case law on cases regarding placement in a psychiatric hospital on a petition basis (Art. 29 of the Mental Health Protection Act)
 
 
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Jan Długosz Uniwersity in Częstochowa
 
 
Publication date: 2025-12-31
 
 
Corresponding author
Jan Ciechorski
Uniwersytet Jana Długosza w Częstochowie
 
 
PPM 2025;7(4):0
 
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ABSTRACT
The study contains a review of the most significant Supreme Court rulings concerning admission to a psychiatric hospital without consent in the so-called request procedure, along with their discussion. Particularly important is the guarantee function of these provisions emphasized by the Supreme Court in relation to the autonomy of a person with a mental illness. The review discusses the subjective scope of admission without consent under the request procedure, as well as all entities (authorities) authorized to submit a request for involuntary hospitalization. Equally important is the Supreme Court's position regarding grounds other than mental illness that allow for a ruling on hospitalization without consent (the author proposes referring to them as behavioral grounds for admission). Mention is also made of the government draft amendments to the Mental Health Protection Act, which in the discussed area – according to the author – significantly weaken their guarantee function.
eISSN:2719-3748
ISSN:2657-8573
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