Article R3211-23 of the French Public Health Code
November 4, 2023
In all cases, the Public Prosecutor may appeal to the Supreme Court. The order may not be contested.
In all cases, the Public Prosecutor may appeal to the Supreme Court. The order may not be contested.
The referral is accompanied by the documents provided for in article R. 3211-12 as well as the reasoned opinion provided for in II of article L. 3211-12-1 . This opinion describes in detail the manifestations of the mental disorder suffered by the person who is the subject of psychiatric care and the particular circumstances, both of which make it necessary to continue full hospitalisation in the light of the conditions…
The first paragraph of Article 641 and the second paragraph of Article 642 of the Code of Civil Procedure do not apply to the calculation of the time limits within which the court must be seised and must give its decision.
The director of the establishment communicates by any means the opinion of the psychiatrist on the need to continue full hospitalisation as provided for in article L. 3211-12-4. The Court of Appeal hearing an order declaring the release from full hospitalisation in application of the second paragraph of IV of article L. 3211-12-1 may raise the matter when the conditions provided for by these provisions have not been met.
The director of the establishment, either on his own initiative or at the request of the judge, shall provide the documents referred to in article R. 3211-12 by any means within five days of registration of the application.
When it comes from the person who is the subject of psychiatric care, the application may be lodged with the secretariat of the host institution. The request for legal action may also be made by an oral statement taken by the director of the institution, who will draw up a report containing the information provided for in article R. 3211-10, dated and signed by himself and the person concerned. If…
When the liberty and custody judge decides to refer the matter to himself pursuant to the last paragraph of I of article L. 3211-12, he shall give the person undergoing psychiatric care, his lawyer as soon as he has been appointed and, where applicable, the person in charge of the legal protection measure relating to the person or his legal representatives if he is a minor, the third party who…
The judge’s order is made within twelve days of registration of the application at the court registry. This period is extended to twenty-five days if an expert opinion is ordered.
I.-The information provided for in the first paragraph of II of Article L. 3222-5-1 concerning the renewal of a seclusion or restraint measure is delivered without delay and by any means that enables a date to be given as being certain of its receipt by the director of the establishment to the liberty and custody judge, as soon as the measure reaches a cumulative duration of forty-eight hours of seclusion…
I.-The information provided for in the first paragraph of II of article L. 3222-5-1 of the renewal of a seclusion or restraint measure is given by any means by the doctor in the cases mentioned in I and II of article R. 3211-31, to at least one member of the patient’s family, giving priority to the patient’s spouse, partner in a civil solidarity pact or cohabiting partner, or a person…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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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
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