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PHYSICAL DISABILITIES AS A BASIS FOR OBLIGATORY DEFENSE (Ulomnosci fizyczne oskarzonego jako podstawa obrony obligatoryjnej)

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Orzechowska S.

Ius Novum

2010

issue 3

84-98

The article deals with the physical disabilities of the accused being the reason for obligatory defense: deafness, dumbness and blindness, which should not be associated with their common meaning because medical terminology, specificity and legislator's intention, contrary to the erroneous theses of the judicial decisions, do not allow it. The article presents the issue of interpretation of the levels and types of the disabilities, and gives characteristic features of the factors causing the impairment of hearing, speech and sight organs. Obligatory defense because of the impairment of senses takes place by virtue of the law, however, when the circumstances being the reasons for it disappear, it loses its obligatory character. Due to the lack of a specification of these disabilities' limitations in the criminal proceeding code and their occurrence in different intensity, it is the proceeding organ's responsibility to assess if the particular impairment is a qualification for obligatory defense based on Article 79, §1, point 2 of the Criminal Proceeding Code or Article 79, § 2 of the Criminal Proceeding Code. The decision should not be different from the medical typology of these diseases and classification of the impairment of the hearing, speech and sight organs.

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1 Ius Novum

1 2010

1 Orzechowska S.

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PHYSICAL DISABILITIES AS A BASIS FOR OBLIGATORY DEFENSE (Ulomnosci fizyczne oskarzonego jako podstawa obrony obligatoryjnej)