Paragraph 2: Procedure before the liberty and custody judge

Articles in this section · 9

R3211-33-1R3211-34R3211-35R3211-36R3211-37R3211-38R3211-39R3211-40R3211-41

Article R3211-34

French Public Health CodeIn force
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Updated 4 Nov 2023

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 by the director and the patient. If the patient is unable to sign, this will be noted.

II.-The Director will provide the patient with the information referred to in II of article R. 3211-33-1.

III.-The Director will forward the request or report to the patient.He/she shall send the request or the report to the court registry, by any means enabling its receipt to be dated with certainty, within ten hours of the patient lodging his/her request with the secretariat of the host establishment or of the drawing up of the report recording the patient's verbal statement.

The Director shall also send to the liberties and detention judge, within the same timeframe, the information and documents mentioned in the second paragraph of I and III of Article R. 3211-33-1.

The judge shall attach to this information:

1° Any documents that the patient wishes to produce;

2° The relevant documents mentioned in article R. 3211-12 as well as the successive reasoned decisions relating to the isolation and restraint measures to which the patient has been subjected and any other element likely to enlighten the judge;

3° If the patient asks to be heard by the judge, a doctor's opinion relating to the possible existence of medical reasons preventing, in his interest, his being heard and the compatibility of the use of means of telecommunication with his mental state.

The director informs the patient that he may have access to the documents mentioned in 2° and 3°, in compliance with the provisions of Article L. 1111-7 as regards documents forming part of the medical file. The reflection period provided for in the second paragraph of Article L. 1111-7 is not applicable.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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