French Public Health Code
In forceThe commission provided for in article L. 3222-5 :
1° Is informed, under the conditions laid down in Chapters II and III of Title I of this Book, of any decision to admit a person to psychiatric care, of any renewal of this decision and of any decision terminating this care ;
2° Receives complaints from persons undergoing psychiatric care pursuant to Chapters II to IV of Title I of this Book or Article 706-135 of the Code of Criminal Procedure, or from their counsel, and examines their situation;
3° Examines, as necessary, the situation of persons undergoing psychiatric care in application of Chapters II to IV of Title I of this Book or of Article 706-135 of the Code of Criminal Procedure and, obligatorily, under conditions laid down by decree in the Conseil d'Etat :
a) All persons whose admission has been decided in application of 2° of II of article L. 3212-1 ;
b) All persons whose care is extended beyond one year;
4° Where necessary, informs the State representative in the department or, in Paris, the Police Prefect, or the State Prosecutor of the situation of persons undergoing psychiatric care pursuant to Chapters II to IV of Title I of this Book or Article 706-135 of the Code of Criminal Procedure;
5° Visits the establishments referred to in Article L. 3222-1, checks the information contained in the register provided for in Article L. 3212-11 and IV of Article L. 3213-1 and ensures that all the information required by law is included;
6° Each year, sends its activity report, the content of which is laid down by decree in the Conseil d'Etat, to the liberty and custody judge with jurisdiction in its area, to the State representative in the department or, in Paris, to the police prefect, to the director general of the regional health agency, to the public prosecutor and to the Contrôleur général des lieux de privation de liberté ;
7° May propose to the liberty and custody judge of the judicial court within whose jurisdiction the establishment receiving a person admitted for psychiatric care pursuant to Chapters II to IV of Title I of this Book or Article 706-135 of the Code of Criminal Procedure is located, to order, under the conditions defined in Article L. 3211-12 of this Code, the lifting of the psychiatric care measure to which this person is subject;
8° Rule on the conditions of access to the information mentioned in article L. 1111-7 of any person admitted for psychiatric care pursuant to Chapters II to IV of Title I of this Book or article 706-135 of the Code of Criminal Procedure.
The staff of health establishments are obliged to respond to all requests for information made by the Commission. Doctors who are members of the Commission have access to all medical data relating to the persons whose situation is being examined.
