Summary: Mental health protection is a special area of interest for lawyers, ethicists and doctors. He directly refers to such special topics as: compulsory treatment of the patient, use of direct coercion towards the sick person and incapacitation. Psychiatry is inevitably combined in its activities with the law. When undertaking forced actions, it is necessary to analyze the patient's situation. This analysis applies not only to the health sphere. It also refers to the assessment of the level of respect for human rights. The law on mental health protection has been in force in Poland for 25 years. The indicated act was changed several times. These activities were aimed at increasing the level of protection of human rights. Over the past months, unanswered questions and challenges have emerged. They concern the situation of people leaving prison. In the last months, it turned out that the Polish system of mental health protection does not take into account the situation of former prisoners. Is it possible to force a given person to heal? How to deal with a situation in which a person leaving a prison does not want to be treated psychiatrically? What to do if the person is in danger? The presented article aims to show important gaps in the Polish system of forensic psychiatry. A new draft of changes to Polish law will also be shown. It concerns the situation of people leaving prison: those who have been diagnosed with mental disorders. It will be subjected to a preliminary analysis.