Abstract

In cases regulated by the Act on procedures for dealing with persons with mental disorders who pose a threat to the lives, health or sexual freedom of other persons the provisions of the Code of Civil Procedure in non-contentious proceedings shall apply. The reference laid down in Art. 2.3 of the above mentioned Act opens up the possibility to use provisions contained in other sections of the Code of Civil Procedure, which are applicable in non-contentious proceedings. The provisions of the Code may be applied as appropriate to the extent allowed by the specificity of dealing with persons with mental disorders who pose a threat to the lives, health or sexual freedom of other persons. Doubts arise as regards appropriate application of the Code provisions concerning the protection proceedings. The need to provide protection is revealed especially in situations whereby a final court decision concerning the application of measures provided for in the Act has not been passed before the end of the period of sentence and release of the offender from prison. The Supreme Court resolution of 30 January 2019 confirms inadmissibility of granting protection by placing the offender in a special Centre, though does not exclude the application of the Code provisions on protection proceedings in general.