Stosowanie tymczasowego aresztowania wobec oskarżonych odbywających karę pozbawienia wolności w innej sprawie / Applying pre-trial detention to convicted to imprisonment in another case.

Abstract

The polish legislator made the correct application of all preventive measures conditional on the requirement to achieve the purposes from article 249 of the Criminal Procedure Code. Therefore, it is unacceptable in the current legal situation to use these measures without achieving the indicated goals. At the same time, it is normatively permissible to apply preventive measures, including pre-trial detention, to convicted who are already serving a sentence of imprisonment in another case. However, the current model of regulating this structure should lead to the formulation of a few reservations. This study expresses the author’s doubts as it is possible to apply pre-trial detention to convicts already serving a sentence of imprisonment in a case other than the ongoing preparatory proceedings. A side analysis was also carried out on the possibility of using other, except pre-trial detention, preventive measures against the convicted, as well as the possibility of using other criminal law instruments to secure the proper course of the preparatory proceedings and to prevent the convicted from committing a new, serious crime. Key words: preventive measures, pre-trial detention, convicted, purpose of applying pre-trial detention