Kontakt telefoniczny tymczasowo aresztowanego z obrońcą oraz osobą najbliższą

Abstract

The article discusses the issue of telephone contact of a person remanded in custody with his or her defence counsel and a significant other, which is essentially regulated by Article 217c of the Executive Penal Code. This provision was amended several times in recent years, which entailed significant changes for the status of these persons as well. This evolution, however, is aligned with the jurisprudence of the Constitutional Court, which through its rulings of 2014 and 2022 had a significant impact on the shape of Article 217c of the Executive Penal Code and somewhat differentiated the status of the defence counsel and the significant other in the context of telephone contact with a person remanded in custody. The aspect of the European law is also relevant because, through its jurisprudence, it co-shapes Polish legislation and gives it a certain framework. Therefore, considering the discussed issues, a question of what determines the shape of Article 217c of the Executive Penal Code and to what extent should be raised.