Issues of Postpenal Therapeutic Isolation of People with Mental Disorders Causing a Danger to the Life, Health or Sexual Freedom of other People

Abstract

This Article investigates selected aspects of the postpenal therapeutic isolation of people with mental disorders who are a danger to the life, health, or sexual freedom of other people. The article discusses the issues concerning the legal status of people with mental disorders who, after serving a custodial sentence, have been placed in the National Center for the Prevention of Dysfunctional Disability or who were subject to preventive supervision. The considerations included in the article were inspired by socio‑political events in Poland in 2013, which led to the creation of a model of security and preventive and therapeutic interventions. The aim of the article was to examine the compatibility of the adopted legislative solutions with the constitutional values expressed in Article 31 paragraph 3 and Article 41 paragraph 1 of the Constitution. The analysis of regulations indicated in the Act of 22 November 2013 allowed them to be critically evaluated from the perspective of their compatibility with the norms of the Constitution, as well as regarding medical law, in particular, the protection of mental health.