The detention used by the captain of a ship

Abstract

Many works depicting the problems of detaining a person under the provisions of the Criminal Procedure Code can be found in Polish literature, but there appears to be a complete lack of studies relating to the powers of the captain of the ship in this area. The aim of the article is to present the sense of detention in the context of model powers and public functions of a captain of a ship regarding a detention of a person taking into consideration the maritime law, particularly the Maritime Code. It was essential to quote the basic concepts of maritime law, to define the concept and the legal nature of the detention and the conditions for applying the measure by the captain of a ship, as well as his legal status. Due to recent changes in the Maritime Code, it became necessary to provide a brief historical trait of maritime law in Poland, especially in the current Art. 68 and 72 of the Maritime Code. Next, reference is made to issues related to Polish Criminal Jurisdiction, which clearly defines the powers of the captain of the vessel. Turning to the merits of the analysis, it looks at the captain`s powers of detaining a person in relation to the types of detention codified in the Code of Criminal Procedure and other laws.