Gloss to the judgment of the Supreme Court of 4 August 2020, IV CSK 51/20

Abstract

Admission without consent to a psychiatric hospital constitutes a drastic interference with fundamental human rights, in particular the right to personal freedom and decisions about one's private life. Consequently, the interpretation of the provisions authorizing such conduct must be decidedly strict. This adoption is justified when both the medical and behavioral premises specified in the Mental Health Protection Act are met. General indication of aggression in his behavior is not sufficient to demonstrate that the person being accepted poses a direct threat to his or her life or the health or life of others. Necessary evidence is an opinion of an expert psychiatrist, failure to do so may result in the court not recognizing the essence of the case.