French Public Health Code
In forceI.-A case may be referred to the liberty and custody judge within whose jurisdiction the reception facility is located, at any time, with a view to ordering the immediate release of a psychiatric care measure ordered pursuant to Chapters II to IV of this Title or Article 706-135 of the Code of Criminal Procedure, regardless of the form of the measure.
The matter may also be referred to it with a view to the release of a seclusion or restraint measure taken pursuant to article L. 3222-5-1. In this case, it shall give its decision within the time limits laid down in II of article L. 3222-5-1 or, failing this, within twenty-four hours of the referral.
The referral may be made by :
1° The person undergoing treatment ;
2° The holders of parental authority or the guardian if the person is a minor;
3° The person responsible for a legal protection measure relating to the person being cared for;
4° The person's spouse or partner, or the person with whom the person is bound by a civil solidarity pact;
5° The person who made the request for treatment;
6° A relative or a person likely to act in the interests of the person undergoing treatment;
7° The public prosecutor.
The liberty and custody judge may also refer the matter to himself at any time. To this end, any interested party may bring to the attention of the judge any information they consider useful regarding the situation of a person who is the subject of a measure mentioned in the first paragraph of this article or a seclusion or restraint measure.
II.The liberty and custody judge may only rule after having obtained the opinion of the college mentioned in article L. 3211-9 of the present code when the person is the subject of a care measure ordered in application of article L. 3213-7 of the same Code or article 706-135 of the Code of Criminal Procedure following a decision to discontinue proceedings, a decision that the person is not criminally responsible or a judgment or ruling declaring that the person is not criminally responsible issued on the basis of the first paragraph of article 122-1 of the Criminal Code and concerning offences punishable by at least five years' imprisonment in the case of offences against persons or at least ten years' imprisonment in the case of offences against property.
In addition, the judge may only decide to lift the measure after obtaining two expert opinions from psychiatrists on the lists referred to in article L. 3213-5-1 of this Code.
The judge shall set the time limits within which the opinion of the college and the two expert opinions provided for in this II must be produced, within a maximum limit set by decree in the Conseil d'Etat. Once these time limits have expired, the judge shall rule immediately.
III - The liberty and custody judge will, if necessary, order the release of the full hospitalisation, isolation or restraint measure.
When he/she orders the release of the full hospitalisation measure, he/she may, in the light of the information in the file and by reasoned decision, decide that the release takes effect within a maximum of twenty-four hours so that a care programme can, if necessary, be drawn up in application of article L. 3211-2-1. As soon as this programme has been drawn up or at the end of the period mentioned in the previous sentence, the full hospitalisation measure ends.
