Paragraph 1: Procedure before the liberty and custody judge

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…

As soon as the application is received, the clerk’s office registers it and sends it : 1° To the person who is the subject of psychiatric care, unless he or she is the author of the request, and, if applicable, to the person responsible for a legal protection measure relating to the person or, if he or she is a minor, to his or her legal representatives ; 2° To…

The judge in charge of liberties and detention must be informed of the following so that he can make a decision: 1° When the admission to psychiatric care has been carried out at the request of a third party or in the event of imminent danger, a copy of the reasoned admission decision and, where applicable, a copy of the most recent decision maintaining the care measure, the surname, first…

The judge sets the date, time and place of the hearing. The court clerk will immediately summon, by any means, in their capacity as parties to the proceedings: 1° The applicant and his lawyer, if he has one ; 2° The person who is the subject of psychiatric care through the head of the establishment when he or she is hospitalised there, his or her lawyer as soon as he…

If he deems it necessary, the judge shall order any investigative measure, without debate if necessary. When the judge orders two expert reports, the two experts carry out separate examinations of the person undergoing treatment. The expert(s) appointed may not work in the establishment where the person undergoing psychiatric care is being admitted. The experts submit their report within a period set by the judge, which may not exceed twelve…

At the hearing, the judge hears the applicant and the persons summoned pursuant to article R. 3211-13 or their representative, as well as the public prosecutor when he is the principal party. The persons notified are heard if they wish to speak. If necessary, the judge will appoint a lawyer for the person undergoing psychiatric care. The persons summoned or notified may submit their observations in writing, in which case…

The parties present at the hearing and the counsel for the person under psychiatric care are notified of the order on the spot and acknowledge receipt. The judge verbally informs them of the time limit for appeal and the procedures for exercising this right of appeal. He informs them that only the appeal lodged by the public prosecutor can be declared suspensive by the first president of the court of…

If the judge decides to release the patient and the public prosecutor considers that he has no reason to oppose this release, the latter returns the order to the judge who issued it, stating that he has no objection to it being enforced. The measure to keep the patient at the disposal of the court is then immediately terminated, except in cases where the judge has deferred the effect of…