Involuntary psychiatric hospitalisation based on a court decision. Commentary on the decision of the Supreme Court of 11 July 2023, II CSKP 206/23

Abstract

The Supreme Court’s July 11, 2023 decision concerns the forced placement of a patient in a psychiatric hospital by petition (Article 29 of the Mental Health Act). The Supreme Court disagreed with the decisions of the Białystok Circuit and District Courts, which ordered hospitalisation. In the cassation proceedings, the first and second instances’ evidence proceedings were proved to be incomplete. The opinion of a psychiatric expert proved inconsistent with the rest of the evidence. Despite this, the patient’s requests for an opinion from another expert were denied. In its decision, the Supreme Court noted procedural shortcomings that prevented proper verification of the patient’s fulfilment of the statutory prerequisites for forced hospitalisation. The reasoning of the decision also draws attention to the constitutional and international standard of protection of personal freedom. The commentary outlines the facts, the legal framework and the reasons for the decision, as well as its assessment.