Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code

Abstract

The author analyzes the amendment to the Executive Penal Code of 2022 in relation to the explicit introduction to this act of the possibility of conducting sexological tests in order to answer, among others, to the question whether the amendment was justified and necessary (necessary), whether in the amended legal status the sexological examination regulated in the K.K.W. does it have an independent character?; what is the scope of sexological examinations in enforcement proceedings; did the legislator correctly edit the indicated provisions relating to sexological examinations?, as well as whether the amendment to the Executive Penal Code – the legislator's explicit use of the concept of sexological examination – should lead to the amendment of the Code of Criminal Procedure, which does not know such a concept and does not clearly impose an obligation on the accused undergo such an examination? The author finally recognizes that the legislator has properly identified the area requiring legislative intervention, but at the same time he indicates arguments for the need to specify the adopted solutions.