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Article R3211-39 of the French Public Health Code

I.-Under the written procedure without a hearing provided for in III of Article L. 3211-12-2, the liberty and custody judge shall rule on applications to maintain or release the measure before the expiry, depending on the case, of the twenty-four hour period referred to in the third paragraph of II of Article L. 3222-5-1 applicable to seclusion or restraint measures or the seven day period referred to in the fifth…

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Article R3211-40 of the French Public Health Code

Under the written procedure without a hearing provided for in III of article L. 3211-12-2, the court registry shall notify the parties of the order without delay and by any means that can be used to establish receipt. The court registry shall notify the establishment director by any means.

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Article R3211-41 of the French Public Health Code

I.-When the judge decides to hold a hearing in application of the provisions of the penultimate paragraph of III of Article L. 3211-12-2, the patient who is the subject of a seclusion or restraint measure shall be assisted or represented by a lawyer. He shall be represented by a lawyer if the magistrate decides, in the light of the medical opinion provided for in the second paragraph of I of…

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Article R3211-42 of the French Public Health Code

The order of the liberty and custody judge may be appealed to the first president of the court of appeal or his delegate, within twenty-four hours of its notification. In all cases, the public prosecutor may lodge an appeal within the same time limit.

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Article R3211-43 of the French Public Health Code

The case shall be referred to the First President or his delegate by a reasoned statement of appeal sent by any means to the registry of the Court of Appeal. The statement shall be recorded, stating the date and time. The Registrar of the Court of Appeal shall immediately notify the Registrar of the Judicial Court, who shall forward the file to him without delay.

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Article R3211-44 of the French Public Health Code

II of article R. 3211-33-1, the last paragraph of article R. 3211-36, the last paragraph of article R. 3211-39 as well as articles R. 3211-38, R. 3211-40 and R. 3211-41 are applicable on appeal. The order of the First President or his delegate is made within twenty-four hours of the referral.

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