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Report on the provision of legal advice during the period 01.10.2016 - 31.10.2016

 

The PIS Intervention and Advice Bureau in Przemyśl at the Parliamentary Office of the Speaker of the Sejm Marek Kuchciński in Przemyśl provided legal advice on matters related to the following topics from 01.10.2016 to 31.10.2016:

  1. criminal and misdemeanor law;
  2. general scope of civil law;
  3. family law;
  4. administrative law;
  5. labor and social security law.

With the above points in mind, the advice was:

Re 1. Of criminal and misdemeanor law:

  • complaint against the decision to discontinue the investigation;
  • notice of the possibility of a crime of persistent harassment;
  • resumption of criminal trial;

 Re 2. Of general civil law:

  • incumbency;
  • inconsistency of the content of the land and mortgage register with the legal state
  • bailiff enforcement;
  • inheritance debts;
  • incapacitation;
  • forced referral for drug treatment;
  • reimbursement;
  • filing a motion for leave to file a pretrial brief;
  • complaints about bailiffs' actions;
  • opposition to the order for payment;
  • pauliańska complaint.

Re 3. From family law:

  • separation;
  • alimony and contribute to the needs of the family.

Re 4. From Administrative Law:

  • complaint to the provincial administrative court;
  • to buy an apartment with a discount.

Re. 5 On labor and social security law:

  • the issue of termination by mutual agreement versus reaching retirement age;
  • the course of a court case to determine eligibility for a pension;
  • disability pension.

Of the cases assisted by the Office of Intervention and Counseling, an issue worth discussing is incapacitation. Incapacitation A person under plenary guardianship is a partial or total deprivation of legal capacity, which is only possible after a court hearing. A person is placed under plenary guardianship if, as a result of a mental illness, mental retardation or other mental disorder, in particular drunkenness or drug addiction, he or she is unable to manage his or her own affairs, whereas a person is placed under partial guardianship if, as a result of a mental illness, mental retardation or other mental disorder, in particular drunkenness or drug addiction, and his or her condition does not justify plenary guardianship, but assistance is needed to manage his or her affairs.

The application for incapacitation must be accompanied by documents making it probable that the person subject to the application for incapacitation has a mental illness, mental retardation or other mental disorder. This is one of the more serious proceedings, therefore it is necessary to have an expert opinion of a psychiatrist or neurologist and a psychologist. Although it is the court that issues the verdict in the case, the court medical opinion is the most important evidence. Legal incapacitation is always a last resort, as it interferes with the basic attribute of an individual, which is the ability and possibility to manage one's own affairs.

To summarize this report, civil cases in the general sense predominated in October. The cases involved both pre-litigation, litigation, and enforcement stages, which shows that legal assistance is necessary for both day-to-day life issues and specific litigation that those seeking assistance are not familiar with and do not know how to approach the issues involved.

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