The order of the liberty and custody judge made pursuant to articles L. 3211-12 , L. 3211-12-1 or L. 3222-5-1 may be appealed before the first president of the court of appeal or his delegate. The debate shall be held in accordance with the procedures set out in article L. 3211-12-2, with the exception of the last paragraph of I.
When an appeal is lodged with the first president or his delegate against an order of the liberty and custody judge ruling on the maintenance of a seclusion or restraint measure taken on the basis of article L. 3222-5-1, the provisions of article L. 3211-12-2 III are applied. The First President or his delegate shall rule in accordance with the conditions laid down by decree in the Conseil d’Etat.
An appeal against the order referred to in the first paragraph shall not have suspensive effect. The First President of the Court of Appeal or his delegate shall then give a ruling within a short period of time under conditions defined by decree in the Conseil d’Etat. When the order referred to in the same first paragraph has been made in application of article L. 3211-12-1, an opinion issued by a psychiatrist from the establishment receiving the person admitted for psychiatric care without consent, stating the need to continue full hospitalisation, is sent to the registry of the court of appeal no later than forty-eight hours before the hearing.
However, when the liberty and custody judge orders the release of a psychiatric care measure in the form of full hospitalisation or establishes the release of this measure, the public prosecutor may ask the first president of the court of appeal or his delegate to declare the appeal suspensive if there is a serious risk of harm to the patient or others. In this case, the appeal, together with the request stating that there is a serious risk of harm to the patient or others, must be lodged within six hours of notification of the order to the person lodging the appeal and forwarded to the first president of the court of appeal or his delegate. The latter decides, without delay, whether to give this appeal suspensive effect depending on the serious risk of harm to the patient or others. The decision is made in a reasoned order that cannot be appealed. The patient is kept in full hospitalisation until this order is made and, if it gives suspensive effect to the appeal, until a decision is made on the merits, unless full hospitalisation is terminated in application of Chapters II or III of this Title.
Where the appeal has been given suspensive effect, the First President of the Court of Appeal or his delegate shall rule on the appeal within three days of the appeal being lodged. However, by an order that may be made without a prior hearing, he may, before the expiry of this period, order an expert appraisal. In such a case, the court shall give its decision within fourteen days of the date of the order. In the absence of a decision by the end of either of these time limits, the property will be released.