Who?

The decision on whether to cancel or to continue a compulsory placement must be made by the court which has control over the decision on the compulsory placement. 

Time

The decision about whether the compulsory placement is still necessary has to be made speedily. The Code of Criminal Procedure says that the court has to make a decision as quickly as possible.

Reasoned decision

The court has to examine all the facts that would speak for and against your compulsory placement. In doing this, special diligence should be exercised. The court must issue a well-reasoned decision, especially if it has decided to continue the compulsory placement. It means that the grounds for why your compulsory placement will be continued must be very clearly explained and especially why this is necessary in your case. The reasons cannot be superficial and generic. 

Appeal

You have the right to appeal the decision. In this case, you should submit the appeal if you believe that the problem with the decision is related to the law applied or the legal reasoning. The appeal procedure is explained in the Code of Criminal Procedure. It is very important to observe the time limits allowed for appeals. According to the Code of Criminal Procedure, all decisions and judgements can be appealed within the time limit specified in the court decision. 

What human rights violation may there be?

If your involuntary placement review process did not comply with the given procedural requirements, it may result in a violation of the right to the liberty and security of a person. 

Resources

Last updated 08/11/2023