The judicial procedure for dealing with seclusion and restraint measures taken in application of article L. 3222-5-1 shall be governed by the Code of Civil Procedure , subject to the provisions of this section. The provisions of articles 642, 643 and 644 of the Code of Civil Procedure shall not apply.
The request to release or maintain the seclusion or restraint measures taken in application of the third paragraph of II of article L. 3222-5-1 is brought before the liberty and custody judge in whose jurisdiction the reception establishment is located.
I.-When the director of the institution refers a case to the liberty and custody judge, in application of II of article L. 3222-5-1, the request is presented under the conditions set out in article R. 3211-10. The application must be accompanied by the documents mentioned in article R. 3211-12 , as well as any previous seclusion or restraint decisions taken with regard to the patient and any other information likely…
I.-When it comes from the patient concerned by the seclusion or restraint measure, the application may be lodged with the secretariat of the receiving establishment, which will date-stamp it. The request for legal action may also be made by a verbal statement taken by the director of the institution, who will draw up a report containing the information provided for in article R. 3211-10. This report is time-stamped and signed…
When it does not come from the patient or the director of the establishment, the request is presented under the conditions set out in article R. 3211-10. It shall state whether the petitioner wishes to be heard by the liberty and custody judge and whether he accepts or refuses a hearing by telecommunication. The registry shall inform the petitioner that he may be assisted or represented by a lawyer and…
As soon as the request is received, the registry registers it and forwards it : 1° To the director of the establishment, unless he has forwarded it himself, on condition that he gives a copy to the patient concerned by the seclusion or restraint measure and to the doctor who took this measure; 2° Where applicable, to the patient’s lawyer; 3° Where applicable, to the person responsible for the patient’s…
When the Freedoms and Detention Judge decides to refer the matter to himself pursuant to II of article L 3222-5-1 or the last paragraph of I of article L. 3211-12, he shall give the patient concerned by the seclusion or restraint measure, where applicable, his lawyer as soon as he is appointed, the person responsible for a legal protection measure relating to the person or, if he is a minor,…
The patient concerned by the measure and, where applicable, his lawyer, the person responsible for his legal protection or, if he is a minor, his legal representatives, as well as, where applicable, the applicant and his lawyer, shall send their observations and documents to the liberty and custody judge. The parties may exchange their observations and documents by any means as long as the judge is able to ensure that…
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…
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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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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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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