Przeciwdziałanie przemocy domowej – kilka uwag w kontekście środków przewidzianych w art. 275a § 1 i 3, art. 275 § 3 oraz art. 244 § 1a i 1b Kodeksu postępowania karnego

Abstract

The paper attempts to answer the question whether the authorities applying the measures under Article 275a § 1 and 3, Article 275 § 3 and Article 244 § 1a and 1b of the Polish Code of Criminal Procedure have relevant competences and/or methods allowing them to adequately apply the measures stipulated for in those provisions. The author has primarily employed the legal-dogmatic method in the research. The analysis has found that: (1) the authorities applying the measures under Article 275a § 1 and 3, Article 275 § 3 and Article 244 § 1a and 1b of the Polish Code of Criminal Procedure currently do not have at their disposal the competences and/or the methods allowing them to adequately apply the measures stipulated for in those provisions; (2) the methods applied by the Polish authorities, on decisions on the application and the scope of application of measures stipulated for in those provisions, must be changed.