Paragraph 2: Appeal procedures

The order may be appealed to the First President of the Court of Appeal or his delegate within ten days of its notification. The public prosecutor may, in all cases, lodge an appeal within the same time limit.

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 Court of First Instance who shall forward the file to him without delay. The clerk of…

When the public prosecutor requests that his appeal be declared suspensive under the conditions defined by article L. 3211-12-4, he shall notify the statement of appeal, together with his reasoned request, without delay and by any means enabling receipt to be established, to the prefect or the director of the establishment that ordered the admission, to the initial applicant and to the person who is the subject of psychiatric care…

At the hearing, the parties and, where he is not a party, the third party who requested admission to psychiatric care may ask to be heard or submit their observations in writing, in which case the parties present at the hearing will be informed. The First President or his delegate may always order the parties to appear. When it is not the main party, the Public Prosecutor’s Office makes its…

Unless the appeal has been given suspensive effect, the First President or his delegate shall rule within twelve days of the matter being referred to him. This period is extended to twenty-five days if an expert report is ordered. The parties present at the hearing and the counsel of the person under psychiatric care are notified of the order on the spot and acknowledge receipt. The parties who did not…

In all cases, the Public Prosecutor may appeal to the Supreme Court. The order may not be contested.