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…
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…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
