Przeszukanie osoby a badania cielesne oskarżonego i osoby podejrzanej

Abstract

The article concerns the problem of similarities and differences between a search of person and bodily examinations consisting of sampling and body secretions from the Article 74 of the Code of Criminal Procedure. Sometimes it can be very difficult to set a clear line between these activities. For example, the use of x - ray to find an evidence inside the body on the one hand has a typical search target, on the other hand requires the use of medical equipment. At the same time, both of these activities are connected with serious interference in the individual's right to privacy. Although bodily examination might be even more intrusive than search of person, the degree of protection of the rights of the individual in this matter is significantly lower. Among other things, the Polish Code of Criminal Procedure does not provide judicial post-revision of the bodily examination, even the most intimate, whereas every search of person can be appealed. The purpose of this article is, first of all, setting a line between these activities. It also includes a proposed model of provisions for the necessary protection of the individual's right to privacy regarding a search of person and bodily examination.