View from the detainee

A person detained on remand has the right to visit both family members, the defense counsel and other persons (with the closest person at least once a month). However, this is a very limited law. First of all, a given person must obtain the consent of the authority at whose disposal the detained person remains. To this end, an appropriate application should be submitted, in which you should provide your name, address, type and number of identity document and family / relationship with the detainee. Consent is given to a specific visitor - if another person wants to visit the prisoner, he must obtain separate consent. The consent management usually defines the date for which it was issued (so you do not need to obtain new consent before each visit as long as it is within the time limit).

After obtaining permission, you can proceed to arrange the view. Each detention center has its own organization rules. In most cases, detention centers spend one or two days in visits. They take place at certain hours, and the duration of vision itself is limited (60 minutes). Sometimes prior appointment is required (for example in the morning on the day of the planned visit).

It should be remembered that, as a rule, visits take place in a way that prevents direct contact with the detainee. Meeting in conditions enabling direct contact is possible, but only if the permission of the detainee remains. It is best to indicate in the request for a visit that we are requesting permission to visit in a way that allows direct contact (if possible). In this situation, the prisoner will be able to eat meals and drinks brought by the visitor (purchased on the premises of the detention center). Persons under 15 years of age cannot meet with a detainee on their own - a legal representative, a close relative or an arrest officer must be present. Without deviation here is whether the vision takes place without or with the possibility of direct contact.

In addition, it should be noted that the authority may refuse both direct vision and visits with a given person in general. In this case, both the detainee and the person concerned are entitled to appeal. If the order is upheld, the person who is refused may submit another request for a visit. If the authority refuses to do so this time, it may be appealed, but only if the second application has been submitted at least 3 months after the first.

Most of the rules described above do not apply to visits of a temporarily accused person with a lawyer.

A youth hostel is the equivalent of pre-trial detention in juvenile proceedings. Visits are regulated differently here - there is a presumption of the possibility of meeting people outside the plant. This right may be excluded by the decision of the director of the shelter issued due to the circumstances listed in art. 66 of the Act - proceedings in juvenile cases. The family court may reverse this decision. The organization of visits is determined by the director of the hostel in the form of regulations. Here too, contact is made with a lawyer or attorney on special terms.

[legal status on June 1, 2020]

Contact by phone with a detainee on remand