Protective measure in the form of pharmacological therapy in Polish system in comparative perspective

Abstract

Polish law knows various types of compulsory measures. The list of compulsory measures is regulated in Art. 93 a § 1 of the Polish Penal Code and is the following: - Electronic control of the place of the stay regulated in Art. 93e, - Therapy regulated in Art. 93f § 1, - Addiction therapy regulated in Art. 93f § 2, - Psychiatric detention regulated in § 93 g. This work would give attention only to a singular compulsory measure in the form of therapy and within its frames so-called pharmacological therapy. The institution is relatively new to Polish law, nonetheless it caused a lot of controversies. In its current form, it is one of the examples of systemic paradoxes in Polish law. Even though the institution is imprinted into Polish law, in fact, without the cooperation of the culprit, it is empty. The sole purpose of the measure prescribed in the law is to lower the libido of the offender to prevent future sexual crimes towards minors. The work aims to answer whether the measure of pharmacological therapy can be labelled as a compulsory measure and whether it has a place in criminal law. For this purpose, the author analyzed the solutions applicable in the criminal law of the Kingdom of Sweden and Ukraine.