Gloss to the decision of the Supreme Court of June 13, 2013. IV CSK 126/13

Abstract

Forced admission to a psychiatric hospital constitutes a very profound interference with fundamental human rights. This necessitates a strict interpretation of the provisions authorizing it. The court adjudicating on the placement of a mentally ill person pursuant to Art. 29 sec. 1 of the Mental Health Protection Act is obliged to take evidence from an expert psychiatrist's opinion, however, it cannot rely solely on it, it is also necessary to make one's own findings regarding the factual grounds for such admission. However, the failure to take evidence based on the opinion of an expert psychiatrist justifies the allegation that the court did not recognize the essence of the case. The Mental Health Act comprehensively regulates admission to a psychiatric hospital (also without consent), which excludes other regulations on the basis of lex specialis derogat legi generali. Contrary to urgent admission, the reasons for admission on application concern only the good of the mentally ill. The basis for admission pursuant to Art. 29 sec. 1 point 1 of the act constitutes a significant deterioration of mental health, not only "ordinary". This deterioration must endanger the patient's life in the long run.