REFUSAL TO GRANT CONSENT FOR AN ACCUSED PERSON HELD IN PRE-TRIAL DETENTION TO USE A TELEPHONE

Pre-trial detention results in the isolation of the accused. This article concerns one of the exceptions to this isolation, namely the one provided for in Article 217c § 1 of the Executive Criminal Code, allowing the accused to use a telephone. Analysing the prerequisites for granting consent to use a telephone, and cases in which the detention facility may refuse such consent, there arises a conclusion that there is a contradiction between the regulations of the Executive Penal Code and the regulations governing the implementation of pre-trial detention. Consent to the use of a telephone can apply not only with respect to calling the defence counsel, attorney or representative of the person convicted before the ECtHR and their close relatives and partners, but also to any other person, without the need to prove the existence of an ‘exceptional case’. Refusal to grant such consent may take place only for the reasons provided for in Article 217c § 2 of the Executive Criminal Code, and therefore in the event of a reasonable concern that the consent will be used to unlawfully obstruct the criminal proceedings or to commit a crime, in particular abetting. This provision does not apply to the defence counsel.