Forced take

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Forced Enforcement - One of the coercive measures provided for in the Code of Criminal Procedure.

Legal basis

According to art. 247 § 1 k.p.k. The prosecutor may order the detention and forced bringing of the suspect. You can also do a search for this. Release of the detainee

However, the detainee should immediately be released when the stop causes the stop. The release should also be made if, within 48 hours of the detention, it will not be sent to the court with the request for detention. The person detained in this mode must also be released at the behest of the Court or the Prosecutor. The detainee must be dismissed if he or she has not been served with a detention order within 24 hours of being forwarded to court. According to Art. 248 § 3 K.p.k., the detention of a suspect on the basis of the same facts and evidence is unacceptable. Unconstitutionality of the legal basis

Art. 247 k.p.k. It does not contain any conditions that must be fulfilled for the stop to take place. This, in the opinion of the Constitutional Tribunal, violates the constitutional principles of personal freedoms. The provision was appealed to the Constitutional Court by the Ombudsman, who in particular referred to the detention of former Treasury Minister Emil Wąsacz. In that case, the Court held that his detention was unfounded, and that Wąsacz himself received compensation from the State Treasury. During the proceedings before the Constitutional Tribunal, representatives of the Ombudsman also referred to the detention of former Interior Minister Janusz Kaczmarek by the Internal Security Agency. This detention was also considered by the Court to be unfounded.

In the Constitutional Court's ruling, it was acknowledged that the arrest by the Prosecutor of Detention could prove necessary in some cases and therefore postponed the entry into force of the judgment annulling this provision. At the same time, the amendment of art. 247 k.p.k. The judgment stated, however, that the revised provision must include the conditions that should be met for the Prosecutor to order the detention of any person and bring it to the prosecutor's office. There is no justification for pursuing criminal prosecution.

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