RESUMO
The article discusses selected psychiatric and psychological problems in the new Penal Code in Poland. The authors focussed on the issues like definition of inaccountability and highly limited accountability, the principles of determining and realizing preventive measures, problems regarding competence of experts issuing opinions on mental health state of a perpetrator as well as the necessity of detention. The presented attempt at evaluation of the new penal regulations is a selection performed in a subjective way in accord with the authors' preferences, convictions and views.
Assuntos
Direito Penal/legislação & jurisprudência , Psiquiatria Legal/legislação & jurisprudência , Psicologia/legislação & jurisprudência , Humanos , PolôniaRESUMO
The paper discusses the controversy surrounding the medical ethics code. It was noticed that there exists a lack of a psychiatric regulation in the law. Also, considered were the dangers for the patient associated with the low tolerance of the society and with the reform of the health care system. Historic cases of abuse of psychiatry (euthanasia, sterilization, using patients in research, political abuse, forensic cases and the breaking of the confidentiality code) are presented. Some of these issues will be resolved once the law protecting mental health comes into being. The paper ends with a debate upon the boundary between confidentiality and the defence of the physician in cases of unsubstantiated complaints.