Human rights and the institution of postpenal isolation – an analysis of selected standards of procedure of the Act against persons with mental disorders posing a threat to life, health or sexual freedom of other persons
Subject and Keywords:
The article is concerned with the problem of applying the institution of postpenal isolation in the Polish legal system, focusing on the issue of human rights in the context of postpenal detention of offenders with mental disorders, posing a threat to life, health and sexual freedom of other people. The author refers to the jurisprudence of the Constitutional Court, the views of the doctrine of criminal law and constitutional law as well as the opinion of psychiatrists in order to answer the question whether the use of postpenal isolation does not constitute an infringement of the right to personal liberty of every human. The article is an answer to the question whether the law, often referred to as the Act „on beasts”, does not violate basic principles of law, such as ne bis in idem, lex retro non agit and nulla poena sine lege.