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Article R3211-1 of the French Public Health Code

I.-The care programme provided for in article L. 3211-2-1 is drawn up and modified by a psychiatrist who participates in the care of the person undergoing psychiatric care pursuant to chapters II and III of this title orarticle 706-135 of the Code of Criminal Procedure. This document mentions the identity of the psychiatrist who draws it up, that of the patient and the latter’s usual place of residence. II –…

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Article R3211-2 of the French Public Health Code

The College provided for in Article L. 3211-9 shall be composed of three members of the staff of the establishment where the patient is admitted. The formation of each panel is determined by the director or legal representative of the institution. The following are members of the college for each patient 1° The psychiatrist primarily responsible for the patient whose situation is being examined or, failing this, another psychiatrist involved…

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Article R3211-3 of the French Public Health Code

The college is convened by the director of the host institution, who sets the agenda and specifies, for each patient, the date by which the opinion must be given. This notice may be sent by any means. The same applies to any documents required to prepare for the meeting or drawn up following the meeting.

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Article R3211-4 of the French Public Health Code

In urgent cases or for reasons relating to the organisation of the service, members of the College may take part in debates using telephone or audiovisual communication techniques, under conditions that guarantee the confidentiality of the information exchanged and compliance with the requirements set out in the first paragraph of Article R. 3213-3.

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Article R3211-5 of the French Public Health Code

The College’s opinion shall mention the names and positions of the members present, the matters dealt with during the meeting and the opinion reached on each of the matters. This opinion, validated by the secretary appointed at the beginning of each meeting, is sent without delay to the director of the establishment who, depending on the case, sends it without delay to the prefect of the department or, in Paris,…

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Article R3211-6 of the French Public Health Code

The maximum period within which the College must give its opinion is set at five days from the date on which the College is convened. For the application of the provisions of II of article L. 3211-12 and II of article L. 3211-12-1, the maximum period within which the College must give its opinion is reduced in order to guarantee the time limit for referral to the liberty and custody…

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Article R3211-7 of the French Public Health Code

Judicial proceedings for psychiatric care measures ordered under Title I of Book II of Part Three of the Legislative Part of this Code orarticle 706-135 of the Code of Criminal Procedure are governed by the Code of Civil Procedure, subject to the provisions of this section.

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Article R3211-8 of the French Public Health Code

Before the liberty and custody judge and the first president of the court of appeal, the person undergoing psychiatric care is assisted or represented by a lawyer. He shall be represented by a lawyer if the judge decides, in the light of the medical opinion provided for in the second paragraph of article L. 3211-12-2, not to hear him. The other parties are not required to be represented by a…

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Article R3211-10 of the French Public Health Code

The matter is referred to the liberty and custody judge in whose jurisdiction the reception facility is located by means of a request sent to the clerk’s office of the court by any means that enables its receipt to be dated. The application must be dated and signed and must include : 1° An indication of the surname, first names, profession, place of residence, nationality, date and place of birth…

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