I.-When the judge decides to hold a hearing in application of the provisions of the penultimate paragraph of III of Article L. 3211-12-2, the patient who is the subject of a seclusion or restraint measure shall be assisted or represented by a lawyer. He shall be represented by a lawyer if the magistrate decides, in the light of the medical opinion provided for in the second paragraph of I of…
The order of the liberty and custody judge may be appealed to the first president of the court of appeal or his delegate, within twenty-four hours of its notification. In all cases, the public prosecutor may 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 Judicial Court, who shall forward the file to him without delay.
II of article R. 3211-33-1, the last paragraph of article R. 3211-36, the last paragraph of article R. 3211-39 as well as articles R. 3211-38, R. 3211-40 and R. 3211-41 are applicable on appeal. The order of the First President or his delegate is made within twenty-four hours of the referral.
In all cases, the Public Prosecutor may appeal to the Supreme Court. The order may not be contested.
For the application of article L. 3211-12-7 in the Bouches-du-Rhône department, the powers devolved to the State representative in the department are exercised by the Bouches-du-Rhône police prefect.
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.
