Day 5 October the amendment of the Act of 6 June 1997 – Code of Criminal Procedure (Journal of Laws of 2019, item 1694) Provisions on postal service in criminal matters entered into force.
Correspondence in criminal matters, in view of its specific nature and its specific nature, is protected by determining specific circumstances in which a person third shall be entitled to receive it for the person directly to whom it is addressed. New Sound Article 133(2a) and added section 2b and 2c indicate the way in which the addressee of correspondence in criminal matters is not able to receive it personally because of the state of health.
These changes seem to be very strict and not very beneficial for the elderly, whose health is often hampered by daily activities
Provision Article 133(2a) the Code of Criminal Procedure divides the addressees of the criminal documents into defenders or attorneys who are lawyers or legal advisers and persons whose health prevents or significantly impedes personal reception of correspondence in the post office. In both cases, such correspondence may be received by another person authorised on the basis of a postal mandate to receive postal mail.
The reservation on persons other than professional representatives shall include Article 133(2b) the Code of Criminal Procedure, which clearly indicates that the statement of health of the person who intends to give a post office authorisation, which makes it impossible or difficult to receive personal correspondence, reflects the certificate issued by the primary healthcare doctor.
A health certificate shall be issued at the request of the person concerned or of a person authorised by post office. The document shall be issued for a limited period of time or without delay.
Furthermore, the activities relating to the issue of such a certificate on application and related to the certificate itself shall be free of charge.
As new Article 133(2c) the Code of Criminal Procedure of the Minister of Justice by means of a regulation shall specify the procedure, form and model of certificates to be issued only in paper form.
Accordingly, on the date of entry into force of the new provisions of the Code of Criminal Procedure, i.e. on 5 October The implementing rules in the form of a regulation of the Minister of Justice also entered into force (Journal of Laws of 2019, item 1893).
This Regulation is intended to indicate to doctors what a health certificate document should look like.
In the light of the provisions Article 133 The Code of Criminal Procedure and the Regulation of the Minister of Justice in question will not be sufficient for a person whose health prevents or significantly impedes personal receipt of correspondence.
It will be necessary to go to a doctor who, after personal examination of such a person, or after reading the medical documentation of such person, will issue such certificate, according to the doctor's choice, which is intended to strengthen the power of attorney, and nevertheless the mail worker may refuse to issue the consignment.
Furthermore, according to the Regulation, certificates will only be issued in paper form, as the IT system has not yet been developed to allow certificates to be sent directly to the post office.
To sum up the above, it should be pointed out that anyone whose health condition does not allow personal reception of a criminal letter from a post office may authorise a person third on the basis of a postal mandate to receive such correspondence, from one provided that he first goes to the doctor and obtains a certificate stating his health condition, which would justify ordering the agent to receive correspondence
These changes seem to be very strict and not very beneficial for the elderly, whose health is often hampered by daily activities. The fact that a post office is subject to a medical certificate does not make it any easier in the light of this amendment.
Consequently, a person whose health condition prevents or impedes personal reception of correspondence from a post office and is forced to do some activity in this case instead of visiting a post office, a visit to a doctor for the certificate, obtained in order not to have to attend a post office.
Written by Nikol Małaszewska-Dąbrowska
Manager at the Legal Department. From 2011 It provides advice to leading companies from various sectors of the economy. He has extensive experience in conducting comprehensive projects in the field of national and international law. It participates in legal and tax reviews conducted to identify risks. He is also the author of numerous articles on tax issues, published in the industry press.