Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 offences, who are placed in psychiatric institution as a preventive measure (hereinafter: patients), dispatched by the court based on the article of 94 Penal Code. These are perpetrators of acts about the top level of the social harmfulness, committed in the state of an insanity caused by a mental state, which the court adjudicated putting in the psychiatric institution because of the high probability of new committing the act. Depending on the degree of the threat, the person is being put on the ward having named terms securities: basic, enhanced or maximum. Patients of the branch about conditions of the basic protection are using the same bylaws and order regulations, like others patients, what means the greater freedom e.g. in extending beyond the hospital branch. Perpetrators towards which these protective measures were applied, are being subjected to the due treatment, according to Art. 202 of Executive Penal Code. Taking the treatment doesn’t require the approval cured neither of his actual or legal carers. The duration of curing at the unit isn’t determined. 7.2. Systemic problems Systemic problems concerning psychiatric hospitals were presented in the Report of 2012 and it isn’t possible to acknowledge that they stayed solved. In 2013 in the following issues a dialogue with the Ministry of Health was being led248: • insufficient funding of psychiatric wards; • lack of legal regulations on persons subject to preventive measures consisting in the placement in closed psychiatric wards; • lack of coherent systemic procedures allowing to place detained patients in social care centres; • placement of patients in observation room/observation and diagnosis sections as an informel coercive measure; • total ban on smoking in hospitals. In 2013 another systemic problem was also noticed: lack of legal regulations concerning persons escorting outside hospital, while protective measures are executed. Towards particularly dangerous patients a professional assistance of Police would be justified. http://www.rpo.gov.pl/pl/content/raport-rpo-z-dzia%C5%82alno%C5%9Bci-w-polsce-kmp-wroku-2012-0 248 72