French Public Health Code
In forceI.-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 to enlighten the judge.
II - The director will inform the patient that the matter has been referred to the liberty and custody judge. He will inform the patient that he may be assisted or represented by a chosen lawyer, appointed under the legal aid scheme or appointed by the court.
He will also inform the patient that he may ask to be heard by the liberty and custody judge and that he will be represented by a lawyer if the judge decides not to proceed with his hearing in the light of the medical opinion provided for in the second paragraph of III of Article L. 3211-12-2. Where appropriate, the Director shall obtain the patient's acceptance or refusal of a hearing by telecommunication.
The Director shall inform the patient that he or she may have access to the documents attached to the request, in compliance with the provisions of Article L. 1111-7 in the case of documents forming part of the medical file. The cooling-off period provided for in the second paragraph of Article L. 1111-7 is not applicable.
III.The Director shall send the following information and documents to the court registry by any means capable of establishing a definite date of receipt, within ten hours of registering the request:
1° Where applicable, the name of the lawyer chosen by the patient or the indication that he/she is requesting that a lawyer be appointed to assist or represent him/her;
2° Where applicable, the patient's wish to be heard by the liberty and custody judge and his/her acceptance or refusal of a hearing by means of telecommunication;
3° If the patient asks to be heard by the liberty and custody judge, a doctor's opinion as to whether there are any medical grounds preventing him or her, in his or her interest, from being heard and whether the use of telecommunications is compatible with his or her mental state;
4° Any documents that the patient intends to produce.
