French Business Law - French Legislation

Article R3211-14 of the French Public Health Code

November 4, 2023

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…

Article R3211-15 of the French Public Health Code

November 4, 2023

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…

Article R3211-16 of the French Public Health Code

November 4, 2023

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…

Article R3211-17 of the French Public Health Code

November 4, 2023

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…

Article R3211-18 of the French Public Health Code

November 4, 2023

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.

Article R3211-19 of the French Public Health Code

November 4, 2023

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…

Article R3211-20 of the French Public Health Code

November 4, 2023

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…

Article R3211-21 of the French Public Health Code

November 4, 2023

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…

Article R3211-22 of the French Public Health Code

November 4, 2023

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…

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.

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Article R3211-14 of the French Public Health Code

Article R3211-15 of the French Public Health Code

Article R3211-16 of the French Public Health Code

Article R3211-17 of the French Public Health Code

Article R3211-18 of the French Public Health Code

Article R3211-19 of the French Public Health Code

Article R3211-20 of the French Public Health Code

Article R3211-21 of the French Public Health Code

Article R3211-22 of the French Public Health Code

Article R3211-23 of the French Public Health Code

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