threat to their own life or the life or health other persons, or if the person is incapable of satisfying their basic needs can be subject to a psychiatric examination involuntarily, while a juvenile or a fully incapacitated person – also without the consent of a statutory representative. In such case Article 18 shall apply. Ordinance of the Minister of Health of 10 August 2004 laying down the list of psychiatric and rehabilitation facilities where security measures are to be applied, as well as on the composition, appointment procedure and tasks of psychiatric commission for security measures (Dz.U. No 179 item 1854, as amended) 3 Psychiatric facilities with basic security conditions: 1) provide permanent supervision over convicts staying in an establishment; 2) are equipped in doors and windows with devices making it impossible for convicts to willfully leave the facility. 4(1) Psychiatric facilities with reinforced security conditions meet the requirements referred to in Article 3, and additionally: 1) are equipped with: a) a closed circuit television allowing the observation of entrance doors, internal windows, rooms, isolation chambers and corridors, b) an electronic system signaling an uncontrolled opening of doors and windows; 2) are capable of separating 10-bed to 20-bed sub-wards; 3) have direct access to a fenced recreation area; 4) employ at least twice as many staff members as the possible number of inmates. 10(1) A convict referred to a facility with basic security conditions is placed in a general psychiatric ward according to a principle of placing patients to wards applicable in a given facility. (2) A convict staying in a ward is obliged to observe the Rules of organisation and order applicable in a given facility. (3) Rules of organisation and order of facilities with reinforced and maximum security conditions are specified in Annex No 6 to this Ordinance. (4) In facilities with basic security conditions, the provisions of the rules of organisation and order of a given facility shall apply.   During the visit, the representatives of the National Preventive Mechanism verified the practice of admitting patients for psychiatric treatment or observation without their consent. In principle, it was appropriate. A competent guardianship court was informed about involuntary admissions (Institute of Psychiatry and Neurology in Warsaw, Psychiatry Clinic of the Independent Public Clinical Hospital in Szczecin, Independent Regional Public Hospital in Gorzów Wielkopolski, Hospital at Nowowiejska Street in Warsaw).Nevertheless, it occasionally occurred that patients involuntarily admitted to the hospital did not participate in court sittings concerning the legitimacy of their stay in a facility, since the facility was incapable of safeguarding their transport and care. For several years, on the other hand, the court had refused to carry out sittings in the hospital (even if a hospital had a room for this purpose). Cases of not notifying the hospital by court about the contents of a decision regarding an admission or a further stay of a person in a hospital constituted another problem. The administration of the hospital communicated with court in this regard, however, no satisfactory solutions to the abovementioned issue were obtained (Institute of Psychiatry and Neurology in Warsaw).

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