Key Benefits:
Act of 29 October 1992, replacing the Law of 27 April 1884, Stb. 96, to the regulation of State supervision on lunge
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration the desireation of the Law of 27 April 1884, Stb. 96, to regulate the State supervision of lunatics by replacing a new law and the new law, taken into account in general public health care regulations, essentially to do so. have on persons admitted or staying in a mental hospital on the basis of a court ruling;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 For the purpose of applying to or pursuant to this Act, the following definitions shall apply:
a. Our Minister: Our Minister of Welfare, Health and Culture;
b. Superintendent: the competent Chief Inspector of the State Supervision on Public Health;
c. Inspector: the competent public health inspector of the State Supervision;
d. Disabilities of the mental faculties: a defective development or sickly disorder of the mental faculties;
e. are disturbed in his mind abilities: have an impairment of the mind's abilities;
f. danger:
1 °. danger to the person causing it, which includes, inter alia:
a. The danger that the person concerned will either take away from life or cause serious bodily injury to himself;
b. the risk of civil society being destroyed;
(c) the risk of serious neglect of the person concerned;
d. the danger that the person concerned will call aggression from others with harmful behaviour.
2 °. danger to one or more others, consisting inter alia of:
a. The danger that the person concerned will rob another person of life or cause serious bodily injury to him;
b. the danger to the mental health of another;
c. the danger that the person concerned will be neglecting another person who is responsible for his care.
3. danger to the general safety of persons or goods;
g. spouse: the not from the table and bed separated husband;
h. psychiatric hospital: a care institution or department thereof, designated by our Minister as a psychiatric hospital, nursing facility or mental institution, aimed at the treatment, care and residence of persons who are disturbed by a mental health care facility. are in their mental faculties and also suitable for the relevant category of application of Chapter VI , § 1 , or Chapter VIII persons included;
i. doctor: a person empowered to pursue the title of a physician;
j. psychiatrist: a doctor who is empowered to pursue the title of psychiatrist or mental disease;
Institution: an independent legal personality, a body, a foundation or an institution which, according to its statutes or regulations, is responsible for promoting psycho-social or socio-psychiatric care for the benefit of persons who are be disturbed in their mental faculties;
l. inservice: the inservice statement, intended in Article 20 ;
m. Patient Confidence Person:
a. Person employed in a psychiatric hospital to provide advice and assistance to patients at the hospital, independently of the management and of persons employed by the hospital, on their request in matters of affairs, consistent with their entry and stay at the hospital;
b. Person independent of the practitioner providing advice and assistance to patients at their request in matters related to a conditional clearance or with a self-binding declaration as intended Article 34a .
2 For the purposes of applying it to or under this law, the person who has a permanent common household or registered partnership with the person concerned shall have equal powers as the spouse.
3 For the purposes of applying to or pursuant to this Law, 'medical director' means the doctor who, although not acting as a director, is responsible for the general procedure for the general procedure in the field of medical treatment. psychiatric hospital.
4 For the purposes of this Act, "judge" means either the single or multiple chamber of the court for the treatment and decision of civil matters, except that in the handling of cases relating to underage persons taking part in child courts.
5 Our Minister may determine which College for the application of this Law is considered to be a board for the purposes of this Act with regard to psychiatric hospitals of State, province or municipality.
6 For the purposes of applying to or by virtue of this Law, a psychiatrist shall be the same as a doctor for the disabled in so far as it concerns the recording or residence of a mentally handicapped person, or a specialist in the case of a patient with a psychogeriatric disease, in so far as it includes the inclusion or residence of a patient.
1 The judge may, at the request of the district attorney, grant a provisional authorisation to take and to reside in a mental hospital in a person who is disturbed by his mental capacity. If the person is already voluntarily residing in a psychiatric hospital, the authorisation shall extend to the stay of the person concerned.
2 An authorisation as referred to in paragraph 1 may be granted only if the court's opinion is considered to be
a. The impairment of the mental faculties causes the person concerned to cause danger; and
b. The danger cannot be avered through the intervention of persons or institutions outside a mental hospital.
3 For entry and stay in a psychiatric hospital, an authorisation as referred to in paragraph 1 shall be required if necessary
a. The person concerned does not demonstrate the necessary willingness and is 12 years of age or older;
b. the parents who jointly or the parent exercising only the authority over the person, the guardian, the curator or the mentor, are of the opinion that their entry and stay should not take place; or
The parents who jointly exercise the authority of the person concerned differ in their opinion.
4 In the case referred to in the second sentence of paragraph 1, the authorization shall be required if the person or persons responsible for that purpose by corresponding application of the third Member State demonstrate the voluntary stay in a psychiatric hospital. to terminate hospital, unless such person or persons give the treatment in another psychiatric hospital designated by that person or persons, and that hospital is willing to take up the person concerned.
(5 With regard to the entry into force of the third paragraph, A , to demonstrate the willingness to do so Article 453 of Book 1 of the Civil Code Not applicable.
6 Where a provisional authorisation relates to a minor subject to supervision, that authorisation shall be granted as an authorisation. Article 265b of Book 1 of the Civil Code .
By way of derogation from the provisions of Article 2 (a) (a) , is the entry and residence of a person in a mentally retarded establishment or in a nursing facility Article 2 shall require authorisation, if the person concerned demonstrates opposition to entry or stay.
1 To submit a request, aimed at obtaining a provisional authorisation as intended in Article 2 , the competent authorities shall:
a. the spouse;
b. The parents or one of them, in so far as their authority has not been terminated, and every majority-year-old relative in the straight line, not a parent, and on the sidelines up to and including the second degree;
c. the guardian, the curator or the mentor of the person concerned.
2 The request shall be made in writing to the D.A. at the end of Article 7 Competent court.
1 In the case of a request as referred to in Article 4 , must be submitted to a certificate from a psychiatrist who, with the attention of the person concerned, examined it briefly, but was not involved in his treatment. In the case of: Article 2 (4) , must be submitted a statement by the medical officer of the hospital in which the person concerned resides, who:
a. if he was not involved in the course of the treatment, having previously examined or doing so by a psychiatrist who was not involved in the course of the treatment, or
(b) if he was involved in the course of the treatment, the person concerned with the eye had shortly been investigating by a psychiatrist who was not involved in the course of the treatment.
The statement shall show that the person to whom the statement relates is disturbed in his mind abilities and that a case as referred to in Article 1 shall be Article 2 It occurs.
The medical certificate shall provide an insight into the current situation of the person concerned. The declaration shall state the reasons for its signature and must be signed.
2 If in a case such as: Article 2 (4) , a declaration will be made with a view to a request for the grant of a provisional authorisation as provided for in this Article. Article 2, first paragraph , the person concerned shall be informed accordingly.
3 The psychiatrist, referred to in the first sentence of the first paragraph, shall, as far as possible, consult with the general practitioner and the investigating psychiatrist of the person concerned. If such consultation has not taken place, the psychiatrist shall state the reason therefor in the statement. In the case of: Article 2 (4) , the person carrying out the investigation is in advance of consultation with the investigating psychiatrist.
4 If the person concerned is a minor, it must also be provided that an extract from the Article 244 of Book 1 of the Civil Code said registry, or a statement by the Registrar of the court that in relation to the minor the register does not contain any information.
5 If the person concerned has been placed under receipted, it must also be produced by an extract from the Article 391 of Book 1 of the Civil Code the said register.
6 Where a mentorship is established for the person concerned, a copy of the decision establishing the mentorship shall also be submitted, together with a copy of the mentoring decision appointing a mentor.
1 If a request as referred to in Article 4 , has been done, the district attorney shall apply to the court to grant a provisional authorisation unless he seeks the request. Article 4 , as manifestly unfounded, eight or less than one year has elapsed since a previous application for the grant of a provisional authorisation was rejected as regards the same person and from the new application as referred to in Article 4 (2) of the EC Treaty. Article 4 does not appear to be new facts.
2 If, in the judgment of the D.A., a case arises as to Article 2 He/she shall, even if he is not required to do so by virtue of the first paragraph, request a provisional authorization from the court.
3 If the District Attorney ' s decision regarding the appeal relates to a person who is already residing in a mental hospital, the officer shall inform his decision in writing to the medical director of the That mental hospital.
4 A request for the grant of a provisional authorisation in respect of a person already residing in a psychiatric hospital shall be made as soon as possible, but in any case within two weeks of the date of dispatch of the declaration. of the medical director, referred to in Article 5, first paragraph .
5 In the case of a request for provisional authorisation, the Article 5 of the documents referred to above and, if present, the request Article 4 No, no.
1 Competent is the court of the place of residence of the person concerned or, in the absence of a place of residence in the Netherlands, of his actual residence or, if the application for the grant of a provisional authorization is made in a case of the meaning of Article 2 (4) , the court of the district in which the hospital in which the person resides is situated.
2 If, in a case referred to in Article 2 (4) , the person concerned, after the declaration is intended to Article 5, first paragraph , having been notified to the public prosecutor, has been transferred to a hospital in another district, the original prosecutor may or may-after the request of the district attorney-have the original competent authority. Judge decisions to continue the proceedings. However, the court may order the examination of the examination of the application to the court of that other arrondissement.
1 Before the request for the grant of a provisional authorization, the judge shall hear the person in respect of whom the authorisation was sought, unless the court finds that the person concerned is not prepared to hear his or her own party. If the person concerned is resident in the Netherlands, but is outside the court, the judge shall, accompanied by the Registrar, hear him in his place of residence. If the person is already in a psychiatric hospital or in a hospital, other than a psychiatric hospital, the Judge, accompanied by the Registrar, shall be given the opportunity to hear him there. If the person does not reside in the Netherlands, the further examination of the request for the granting of a provisional authorisation shall be maintained until it can be heard in the Netherlands.
2 The person who is a minor has been placed under receipted or who has been established a mentorship shall be able to take legal action in this proceeding.
3 The judge shall charge the board of directors of the legal aid board to the addition of a counsellor to the person concerned, unless the person concerned has reservations. The Articles 38 , 39 , 45 to 49 , 50, 1st Member , and 51 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
4 The judge shall, if possible, inform himself of the following:
a. The person making the request, intended to Article 4 , has submitted;
b. the spouse;
(c) the person by whom the person concerned is cared for;
d. the parents of the person who exercise the authority;
e. the guardian, the liquidator or the mentor of the person concerned;
f. the institution or psychiatrist who treats or accompanies the person;
g. the person making the declaration, intended Article 5 Has been issued.
5 The judge can prejudge by one or more of the in Article 4 Those of the blood relatives who did not submit the request.
6 The judge may order the examination by experts and shall have the right to appeal to those experts and witnesses. The Judge shall summing up the experts and witnesses specified by the person concerned, unless he considers that the absence of such action by the person concerned cannot reasonably have been impaired by his interests. If he has not called a specified expert or witness, he shall state the reason therefor in the decision.
7 If the judge considers it appropriate, he may, in the case of the persons referred to in the fourth paragraph, be A and G require to appear.
8 If the Judge does so by one or more of the persons referred to in the fourth, fifth and sixth paragraphs, if the person concerned is present, the business content of the information given shall be communicated to the person concerned.
9 The person concerned or his counsellor shall be given the opportunity to make known his views on the communications and statements of the persons referred to in the fourth, fifth and sixth paragraphs.
10 Costs of witnesses and experts in connection with the application of the sixth paragraph shall be borne by the State's treasury.
If, on the basis of the investigation established by the Court, the court wonders whether, in the circumstances under consideration, a measure other than the requested one is more appropriate, it may inform the prosecutor; if necessary, the court shall determine whether the court should ensure that the treatment is continued at a later date.
1 The judge shall decide as soon as possible. If the request for the grant of a provisional authorisation relates to a person who is already in a psychiatric hospital, the court shall in any event decide within three weeks of the submission of the application.
2 The Registrar shall send a copy of the decision relating to the authorization:
a. the person concerned;
b. Counsel of the person concerned;
c. The parents exercising the authority, the guardian, the curator or the mentor;
d. the spouse of the person concerned or the person by whom the person concerned is cared for;
(e) the applicant if it is not one of the following C or Ed the persons mentioned;
f. the district attorney.
3 The Registrar shall also notify the general practitioner of the person concerned and the inspector, of a decision rejecting the provisional authorization.
4 When notified to the general practitioner and to the inspector referred to in paragraph 3, the Registrar shall add a copy of the medical certificate provided for in Article 5 .
5 No appeal shall be lodged against the decision to grant a provisional authorisation.
1 The order of the court is enforceable in stock. The provisional authorisation may no longer be implemented if more than two weeks after the date of its day-drawing.
2 If in the first week following the day drawing of the provisional authorisation, not having an authorisation in a case as intended Article 3 If the psychiatric hospitals in question have not yet entered into account, the D.A., after consulting the inspector, may order one of the hospitals mentioned above to take up the person concerned. He shall not impose such an obligation than after having heard the medical officer of the hospital concerned. The hospital concerned shall be obliged to record the person concerned.
3 Upon inclusion of the person in a mental hospital, a copy of the Article 5 The medical certificate shall be submitted to the hospital.
4 The provisional authorisation shall be valid for a period of no more than six months following the date of its day, without prejudice to the provisions of the Articles 48 and 49 .
The doctor-director of the psychiatric hospital in which the person concerned is taken up, shall, as soon as possible, inform the Registrar of the court which has granted the authorization and of the officer of the court.
1 After Receipt of the Article 11 The latter shall notify the Registrar of the granting of the provisional authorization, specifying the psychiatric hospital in which the person concerned is staying in custody, as a result of the authorisation:
a. the Article 8 (4) (b) (b) to (g) the person or institution and the general practitioner of the person concerned;
b. The Inspector and the D.A. in the areas of whose establishment the psychiatric hospital is located.
2 The Registrar shall, on request of other persons and institutions heard by the judge, excluding the person, shall be intended to be Article 8, fourth paragraph, point (a) , in knowledge of the granting of the provisional authorisation, specifying the name and address of the mental hospital in which the person concerned is admitted.
The Registrar shall, upon request of the doctor-director and the person responsible for the treatment, provide further information as to what the Judge must, when examining the application for a preliminary authorization, information has been provided.
In the case of or under general administrative action, to be determined by the nomination of our Minister in accordance with our Minister of Justice, detailed rules relating to the application shall be given in respect of the application of the Article 4 , and the declarations, intended to Article 5 and Article 14a, fourth paragraph .
1 The judge may, at the request of the district attorney in relation to a person who is disturbed in his mental faculties and is twelve years of age or older, grant a conditional authorisation.
2 A conditional authorisation may be granted only if, in the opinion of the court:
a. The impairment of the mental faculties is likely to cause danger; and
b. the danger outside a mental hospital, other than a mentally retarded establishment or a nursing establishment, can be avered only by the lodging and observance of conditions.
3 Article 4 shall apply, except that the person concerned may also submit a request for conditional authorisation.
4 In the case of a request as referred to in Article 4 In order to obtain a conditional authorisation, a statement by a psychiatrist who examined the person concerned in the course of the proceedings in a short time, but was not involved in the course of his treatment, must be submitted. The declaration shall show that the person to whom the declaration relates is disturbed in his spirit and that a case referred to in paragraph 2 is present. The statement provides an insight into the current mental health status of the person concerned. The declaration was duly substantiated and signed. Article 5, third to sixth paragraphs , and the Articles 6 to 8a shall be applicable mutatis mutandis. Article 9 shall apply mutatis mutandis, with the exception that the Registrar shall also send a copy of the order for conditional authorisation to the inspector. Article 10, first paragraph, first sentence , shall apply mutatis mutandis.
5 The court grants conditional authorisation only if a treatment plan is submitted that after consultation with the person concerned by the psychiatrist who will be responsible for the treatment, the practitioner should be mentioned. A passage shall be added to the treatment plan which indicates that the consultations have led to agreement or, if this is not the case, on which basis the practitioner is in the opinion that it is reasonable to assume that the person concerned has the condition referred to in the sixth paragraph shall be complied with. The treatment plan shall contain the therapeutic means to be applied in order to avoid the danger outside the establishment. The treatment plan shall govern the way in which the practitioner is responsible to ensure that the hazard is averted outside the establishment. Article 38a, second and fifth paragraphs , shall apply mutatis mutandis. The treatment plan shall be notified of the psychiatric hospital which is prepared to take up the person concerned if it fails to comply with the conditions or if the risk cannot be averted outside a psychiatric hospital by the compliance with the conditions.
6 The granting of a conditional authorisation shall in any case be subject to the condition that the person concerned is subject to the treatment of the practitioner, in accordance with the treatment plan presented.
7 In addition to the condition referred to in paragraph 6, the court may, when the conditional authorisation is granted, lay down conditions governing the conduct of the person concerned insofar as that behaviour affects the danger arising from the impairment of the mental faculties. The conditions must not restrict the freedom of religion or belief or the freedom of state.
8 The court shall apply only the first paragraph if the person concerned has declared his willingness to comply with the conditions or is reasonable to assume that the person concerned will comply with the conditions.
9 From the time when a conditional authorisation is granted for the person concerned, the patient confidanate shall provide advice and assistance at the request of the person concerned.
10 The practitioner shall ensure that the person concerned is held as soon as possible from a written summary of the rights to be granted to him under this Law; the practitioner shall also ensure that the person concerned is responsible for the receive oral explanations on the matter.
1 The treatment plan may be amended after the conditional authorisation has been granted only with the consent of the person concerned by the practitioner. Copies of an amended treatment plan shall be sent forthwith to the Registrar of the court which granted the conditional authorisation and to the officer of the judicial authority.
2 The case of the Article 37, first paragraph, third sentence , and 56, first paragraph, points (a) to (c), second paragraph, parts b and c, third and fifth member , as well as the Article 37 (4) , and Article 56, fourth paragraph , as regards the patient file, it shall apply mutatis mutandis.
3 The person or the practitioner may request the officer of the prosecutor to request the court's decision to change the conditions or the appointment of another treatment. The request of the person concerned or the practitioner shall be made in writing.
4 The prosecutor shall, after receipt, request the decision of the judge as soon as possible.
5 The court may, at the request of the district attorney, change the conditions or appoint a different treatment officer. The Articles 8 and 14a (sixth to eighth paragraphs) , shall apply mutatis mutandis.
1 A conditional authorisation shall have a period of validity of not more than six months following its day's service, without prejudice to the Articles 14f and 14g .
2 The court may, at the request of the district attorney, grant any new conditional authorisation with a period of validity of not more than one year, without prejudice to the Articles 14f and 14g .
3 A new conditional authorisation is granted only if, in the judgment of the court, the impairment of the person's mental faculties will also be present after the duration of the current authorisation expires, and The person concerned may also then cause danger and the risk of a new conditional authorisation shall be required.
4 The persons referred to in Article 4, first paragraph , as well as the practitioner, the district attorney in the district in which the court has issued the conditional authorisation may request in writing a request for a new conditional authorisation. authorization.
5 The request must be accompanied by a statement by a psychiatrist who, with regard to that person, examined in a short time beforehand, but was not involved in his treatment, showing that the case referred to in the third paragraph was occurs. The practitioner shall also provide a description of the physical and physical status of the person concerned, of the treatment applied to him and of the effects thereof.
6 The application for the grant of a new conditional authorisation shall be filed during the sixth or fifth week before the end of the period of validity of the current authorisation.
7 The Articles 14a and 14b shall be applicable mutatis mutandis.
1 The medical director of the psychiatric hospital, referred to in Article 14a, fifth paragraph , if the person concerned is in a psychiatric hospital, if outside the establishment there is no longer any danger of being averted by the observance of the conditions. The doctor-director may take up the person concerned if the person concerned fails to comply with the conditions laid down or at the request of the person concerned. Prior to inclusion, the medical director shall inform himself of the current mental state of health of the patient.
2 The inclusion shall not exceed the time limit of the remaining period of validity of the conditional authorisation, but not more than six months. Subject to a request from the person concerned, conditional authorisation shall be granted from the time of the decision of the medical officer as provisional authorisation. Subject to a request made by the person concerned, the doctor shall inform the person concerned in writing, at the latest four days after his decision, giving notice of the reasons for the decision. A copy of the communication shall be sent to the D.A. in the district in which the court is situated which has granted the conditional authorisation.
3 The persons referred to in Article 4, first paragraph , the doctor-director may apply to the first member.
4 The medical director of the psychiatric hospital shall inform the Registrar of the court which granted the conditional authorisation of the inclusion.
5 The Article 10, second paragraph , and 12, 1st Member , shall apply mutatis mutandis.
6 If a decision as referred to in paragraph 1 relates to a minor subject to supervision, that decision shall be deemed to have been authorised as an authorisation Article 265b of Book 1 of the Civil Code .
(1) With regard to the decision of the doctor-director to include the person concerned and to each of the persons in question. Article 4, first paragraph The persons referred to above shall be open to requesting the prosecutor to request the decision of the Judge. The request of one of these persons shall be made in writing; the request shall be accompanied by a copy of the decision of the Director of the Medical Officer. Article 49, sixth paragraph , shall apply mutatis mutandis.
2 The inspector shall, on request or on its own initiative, give written judgment in writing to the Public Prosecutor concerning the decision of the Chief Medical Officer.
3 The prosecutor shall, upon receipt of the request with the corresponding documents, request the decision of the court as soon as possible. The applicant shall be notified in writing that the application has been lodged.
4 Article 49, seventh and ninth paragraphs , shall apply mutatis mutandis, with the exception of the requirement that the request be handled by the multiple chamber of the court.
Article 14d, first paragraph , does not apply if:
a. the Article 14g, first paragraph , statement of opinion, whether or not after application of Article 14g, fourth paragraph , has been provided;
(b) the period of validity of the conditional authorisation has expired, unless a petition has been lodged before the end of the period for the granting of a subsequent authorisation until such time as the application has been rejected by that application and as long as that application has been the time limit for giving the decision has not expired;
(c) the person concerned has been ordered to be subject to a statement of information.
1 The practitioner shall provide the person concerned, if it is no longer disturbed or dangerous, in the case of the person concerned, in the case of Article 14f, part b , or if the right after application of Article 14g, fourth paragraph , ordered to do so, a written statement on the matter. Article 45, first paragraph, final sentence , shall apply mutatis mutandis.
2 The person concerned, each of the Article 4, first paragraph The persons referred to above as well as the inspector and the officer of the judicial authority in the area of which the person concerned is domicile may request the treatment of a certificate as referred to in the first paragraph.
3 The decision on the request shall be communicated to the inspector. For the purposes of the fourth paragraph, a rejection decision of the practitioner shall be treated as not taking place within two weeks of receipt of the request.
4 In the case of a rejection decision, the person who obtained the decision may request the district attorney to request the decision of the judge. Article 14th, first paragraph, second sentence, and second to fourth paragraphs , and Article 49, sixth paragraph , shall apply mutatis mutandis.
1 The judge may, at the request of the district attorney in relation to a person residing in a psychiatric hospital following a provisional authorization, grant an authorisation to pursue his stay.
2 An authorisation to continue residence may be granted only if the court considers that:
a. the impairment of the mental abilities of the person concerned will also be present after the duration of the current authorisation, and the impairment will also cause the person concerned to cause such impairment; and
b. The danger cannot be avered through the intervention of persons or institutions outside the hospital.
3 With regard to the continuation of the stay of the person in the psychiatric hospital after the duration of the validity of the current authorisation Article 2, third and fourth paragraphs , and Article 4 applicable mutatis mutandis.
4 If an authorisation to pursue a stay relates to a minor subject to supervision, that authorisation shall be granted as an authorisation Article 265b of Book 1 of the Civil Code .
1 In case of a request of a person as intended to Article 4 A statement by the Director of the Psychiatric Hospital in which the person concerned was admitted, to the acquisition of an authorisation to pursue a stay of stay. The declaration shall show that the case is: Article 15 -It's happening.
2 With respect to the statement of the medical director, the Article 5, first paragraph, second sentence , 5, third paragraph, third sentence and 14 applicable mutatis mutandis.
3 With regard to the request of the D.A. Article 6, first, second and third paragraphs , mutatis mutandis.
4 The statement, referred to in paragraph 1, must be submitted to the Prosecutor's request. That declaration is accompanied by a copy of the Article 37a notes and of the notes Article 38 or 38a Intended treatment plan. If the treatment plan has not yet been established, it shall be communicated in the declaration, indicating the reasons for its submission. If: Article 38, fifth paragraph, third sentence , or 38c, 1st Member The statement of application has been made, stating the reasons, in the declaration.
5 Competent authority is the court of the district in which the hospital in which the patient is admitted is located. Article 7, second paragraph , shall apply mutatis mutandis.
1 The application of the District Attorney to grant an authorization to pursue his stay shall be filed during the sixth or fifth week before the end of the period of validity of the current authorisation.
2 The judge shall decide within four weeks of the filing of the application. The Articles 8 , 8a , 9, second to fifth members , 12 , 13 and 14 shall be applicable mutatis mutandis.
3 The continued stay authorisation referred to in paragraph 1 Article 15, first paragraph , shall have a period of validity of not more than one year from the date of its day's drawing, without prejudice to the provisions of the Articles 48 and 49 .
4 If the request of the D.A. relates to the right of continued residence in a mentally retarded establishment or a nursing establishment, if the circumstances are to be expected, it may be expected to be Article 2, second paragraph , to continue to arise, to be granted authorisation which has a period of validity of not more than five years, without prejudice to the provisions of the Articles 48 and 49 .
5 The decision referred to in the third paragraph shall be enforceable in stock.
1 The judge may, at the request of the Public Prosecutor in respect of a person residing in a psychiatric hospital on the basis of an authorization to pursue his stay, grant a further authorisation until continued residence.
2 Article 15, second and third paragraphs , and the Articles 16 and 17 shall apply.
If the stay of a person in a mental hospital on the grounds of judicial authority as intended in the Articles 2 , 15 and 18 Without interruption, a further period of validity of a maximum duration of two years may be granted for a period of not more than two years, without prejudice to the provisions of the Articles 48 and 49 .
1 The mayor may by decision, in the case referred to in paragraph 2, provide that a person who is in his/her assembly, during the period, is required for the application of the Article 27 , in detention, if that person is 12 years of age or older and does not show any willingness to take part in a psychiatric hospital or any of the other circumstances, to be taken into account Article 2, third and fourth paragraphs -It's happening. The mayor may delegate the exercise of competence, intended in the first sentence of the sentence, to an alderman.
2 The mayor may only give an assessment of the burden of entry as referred to in the first paragraph, if he considers it necessary
a. Hazard to the person concerned;
b. there is a serious suspicion that an impairment of the mind may cause the person concerned to cause the risk,
c. The danger is so imminent threatening that application of Paragraph 1 of this chapter cannot be awaited; and
d. The danger cannot be avered through the intervention of persons or institutions outside a mental hospital.
3 By or under general management measure, to be determined on the nomination of Our Minister in accordance with our Minister of the Interior, further rules relating to the decision, intended in the first case, shall be adopted. Member. A copy of the order shall be issued to the person concerned.
4 Submitting a decision pursuant to paragraph 1 shall appoint the mayor to one or more officials of the police, appointed for the execution of the police task, who shall be provided with the assistance of one or more persons. With knowledge of the care of persons who are disturbed in their mental faculties. To this end, the officials concerned shall be entitled to enter any place where the person to be taken is situated, provided that it is reasonably necessary for the performance of their duties.
5 Persons appointed by the Mayor shall be able to deprive the person concerned of articles which may constitute a danger to the safety of the person concerned or of others. They shall be empowered to examine him for that purpose either on the clothing or on the body.
6 If possible, the articles deprived in accordance with the fifth paragraph shall be transferred to the psychiatric hospital in which he is taken. In the hospital, the patient is issued a proof of receipt in which those objects have been described. The items are kept for the patient, to the extent that this is not contrary to any legal requirement.
7 When the person concerned is entered in the psychiatric hospital, a copy of the order referred to in paragraph 1 shall be forwarded to the hospital by the persons designated by the mayor. Unless the case is: Article 2 (4) , a copy of the entry into force of the Article 21 Medical certificate.
8 If a charge referred to in paragraph 1 relates to a minor subject to supervision, that charge shall be deemed to have been authorised as authorised by the Commission. Article 265b of Book 1 of the Civil Code .
1 The mayor does not order an inservice than after a doctor, preferably non-treatment, psychiatrist or, if not possible, a doctor, preferably non-attending, not a psychiatrist, has provided a written explanation. demonstrating compliance with the provisions of the second and third paragraphs, as provided for in the second and third paragraphs Article 20, second paragraph -It's happening.
2 If the doctor who issues the certificate is not a psychiatrist, he will consult a psychiatrist if possible in advance, if the person is under the treatment of a psychiatrist, preferably with the psychiatrist; if the doctor who is the doctor who is the doctor who is responsible for the care of the doctor is not a psychiatrist; If the patient's general practitioner is not present, he will consult with the general practitioner if possible. If consultations as referred to in the first sentence have not taken place, the doctor who issues the statement shall state the reason in the statement.
3 Before the statement is issued, the doctor shall, as far as possible, examine the person concerned.
4 In the case of or by virtue of a general measure of administration, to be determined by the proposal of Our Minister in accordance with our Minister of Justice, detailed rules on the medical certificate provided for in the previous members.
1 The mayor shall, unless the person concerned has reservations about it, ensure that the person concerned is concerned, within 24 hours of the date on which the decision is to be taken, to Article 20, first paragraph , is given, is assisted by a counsellor. The Articles 38 , 39 , 40 , 45 to 49 , 50, 1st Member , and 51 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
2 In the case of a general measure of administration, to be determined by the proposal of our Minister in accordance with our Minister of Justice, rules may be laid down for the application of the first sentence of the first paragraph.
1 The Mayor shall sign the decision as soon as possible, Article 20, first paragraph , information received by him on the application of the other articles of this paragraph.
2 The written order of the mayor, the in Article 21 The medical certificate and a copy of the written record shall be kept in the municipal secretary for five years and destroyed thereafter. The documents received in the course of this period relating to this patient shall be annexed thereto.
3 The personal data referred to in paragraph 2 shall be collected for the purposes of the legal status of the patient and of his representatives and for the purpose of monitoring under this Act.
4 The decision is not implemented, it is then entered into the grounds of non-enforcement. The second paragraph shall apply.
If, within 24 hours of the date on which the mayor ' s decision has been given, by the eligible psychiatric hospitals for that purpose, the mayor may, after consultation with the inspector, be in whose office zone is a municipality, one of the above hospitals orders the person to take up. The hospital concerned shall be obliged to record the person concerned.
1 The mayor shall ensure that the inspector and the prosecutor, in whose jurisdiction his local authority is situated, shall immediately be informed of the embarkation by telephone or oral argument. If the hospital in which the person concerned is at the time of the communication is located outside the ambit of the inspector and the district attorney who must be informed by the mayor on the basis of the first sentence The inspector and the prosecutor shall also be informed of the situation in which the hospital is situated, in accordance with the conditions laid down in the first sentence.
2 As soon as possible after the decision has been given, but in any case no later than the following day, which is not a Saturday, Sunday or generally recognised public holiday as referred to in the General Term Act, the Mayor shall forward to the following day: Officials referred to by registered letter and a copy of the decision and of the Article 21 Medical certificate.
When entering, the mayor shall inform the spouse, the legal representative and the close (family) of the person concerned, if possible, of the person concerned. Article 20 Decision and the inclusion.
1 If the D.A. upon receipt of the Article 25, second paragraph The documents of the opinion shall be such as to constitute a danger, as provided for in Article 20, second paragraph In the event of detention, he shall, at the latest on the day following the date of receipt of such documents, which is not a Saturday, Sunday or generally recognised public holiday, as intended for the purpose of General Term Act ( Stb. In the case of the Court of Justice in 1964, 314), a request for the granting of an authorisation to continue that person's entry into force. The officer shall inform the medical officer of the psychiatric hospital in which the person concerned is staying, including in writing that the application has been lodged or that he has decided not to submit a petition.
2 At the request of the district attorney, the order of the mayor, referred to in Article 2, shall be submitted to the Article 20, first paragraph , and the medical certificate provided for in Article 21 . Article 5, fourth and fifth paragraphs , shall apply mutatis mutandis.
3 Jurisdiction is the court of the district in which the hospital in which the patient is admitted is located. Article 7, second paragraph , shall apply mutatis mutandis.
1 In respect of whom a charge has been given for the reason to be taken into account, the court may request that the court be awarded damages on the ground that the charge given by the mayor was unlawful.
2 The request may be filed as an independent request in the case of a defence as referred to in Article 282, fourth paragraph, of the Code of Civil Procedure -or in the case of a petition to the Court of Justice on the occasion of his examination, or, if the D.A. does not wish to make a request Article 27, first paragraph , shall, within six weeks after the charge has been given, in the case of a separate application.
3 If the application is lodged on the occasion of the hearing of the person concerned, Article 282, fourth paragraph, of the Code of Civil Procedure applicable mutatis mutandis.
1 With regard to the examination of the case by the court Article 8, first, second and third paragraphs , mutatis mutandis.
2 The judge shall, as far as possible, inform himself of the person in the close vicinity of the person concerned, by the doctor, who shall provide the medical certificate, as provided for in Article 21 , has made up and by the institution or psychiatrist accompanying the person concerned. Article 8, sixth paragraph, first sentence , seventh, eighth, ninth and tenth member, shall apply mutatis mutandis.
3 The judge shall decide within three days from the day following that of filing the application by the district attorney. The General Term Act shall apply to the period referred to in the first sentence.
4 Article 9, second, third and fourth paragraphs , shall apply mutatis mutandis. If at the time the application for continuation of the notification was made, the person concerned was not yet in a psychiatric hospital, the Articles 11 and 12, 1st Member , mutatis mutandis.
5 No legal remedy shall be open to the decision to grant a request for authorisation to continue to be subject to the procedure of non-judicial proceedings.
6 Where an authorisation to pursue the maintenance of an inservice relates to a minor subject to supervision, that authorisation shall be granted as an authorisation to the effect of: Article 265b of Book 1 of the Civil Code .
The authorisation to continue to be retained shall be valid for a period of three weeks from the date of its day's service, without prejudice to the provisions of the Articles 48 and 49 .
1 In respect of a person subject to the authorisation to pursue the entry into service as referred to in Article 1 (2), Article 27, first paragraph , staying in a hospital, the Articles 2 , 3 , 4 , 6, first, second and third members , 8 to 13 , 14a to 14c and 16 applicable mutatis mutandis.
2 The application shall be filed by the district attorney before the end of the validity period of the current authorisation.
1 The judge may, at the request of the District Attorney, grant a psychiatric hospital a person who is disturbed in his mind and who is prepared to undergo treatment in a mental hospital. to be accommodated or to be taken, even if that willingness to do so during the period of authorisation is not available.
2 An authorisation as referred to in paragraph 1 may be granted only if the court considers it to be
a. Causing danger to the person concerned; and
b. The danger cannot be avered through the intervention of persons or institutions outside a mental hospital.
3 An authorisation as referred to in paragraph 1 may be granted, except in the case referred to in paragraph 5, only if the request was made by the D.A. at the request of the person concerned.
4 The person concerned as referred to in the third paragraph may be a minor, a person placed under receipment or for whom a mentorship is set up, if he or she is able to appreciate his interests in the matter in question. shall be considered. Such a person may act in legal proceedings.
5 If the person is a minor, has been placed under receipment or if a mentorship is instituted for him, the person's request may be made by his parents exercising the authority or one of them, his guardian. (i) his administrator or his mentor, but only if the person concerned agrees to the matter.
6 Where an authorisation of his own part relates to a minor subject to supervision, that authorisation shall be granted as an authorisation Article 265b of Book 1 of the Civil Code .
1 The request of the person concerned, as referred to in Article 32, third paragraph , is done in writing to the D.A. at the Article 7, first paragraph Competent court.
2 In the request, the psychiatric hospital should be named, requesting inclusion or further residence.
3 The request must be submitted
a. a statement by a psychiatrist attached to the psychiatric hospital mentioned in the request, which shows that the person requesting the placement or with whose consent the placement is requested is disturbed in his mental faculties and that the case is: Article 32, second paragraph, points (a) and (b) , to occur;
b. One by the bottom A Psychiatrist as referred to together with the person concerned.
4 The declaration must be made up to seven days before the request and signed by the psychiatrist. The statement shall state the reasons for its decision.
5 The treatment plan must be drawn up for a maximum of seven days before the request and signed by the psychiatrist and the person concerned.
6 Article 6, first paragraph , shall apply mutatis mutandis.
7 With regard to the examination of the application by the court, the Articles 8 , 8a , 9, fifth paragraph , and 11 to 14 , mutatis mutandis.
1 Without prejudice to the provisions of the Articles 48 and 49 the authorisation shall be granted on own request as referred to in Article 32 given for a duration to be determined by the court, which may not be longer than one year and not less than half a year from the date of its day-drawing.
2 The judge shall decide as soon as possible.
3 The Articles 2 to 19 shall be in respect of the person under authorisation as intended for use in the market. Article 32 staying in a psychiatric hospital shall apply mutatis mutandis after the period of validity of that authorisation.
1 A person of 16 years of age or older who is able to determine his will with regard to inclusion, residence and treatment in a psychiatric hospital, other than a mentally retarded establishment or a nursing facility, may have a right to use statement, to include, to obtain, stay and to treat the disorder of his mental abilities in a mental hospital, not to be a mentally retarded or nursing facility, although the disorder does not endanger the person concerned if the circumstances described in that declaration occur.
2 For inclusion, residence and treatment referred to in paragraph 1, a judicial authorisation, hereinafter referred to as 'self-binding authorisation', shall be required if the person concerned does not show the willingness to include, stay or stay treatment and the circumstances described in the declaration.
3 Where a self-binding authorisation relates to a minor subject to supervision, that authorisation shall be granted as an authorisation as provided for in Article 265b of Book 1 of the Civil Code .
1 Person himself and a psychiatrist attached to a mental hospital shall make a statement together with a statement of:
a. under which circumstances the person concerned wishes to be admitted and resident in the psychiatric hospital to which the psychiatrist is connected;
b. the treatment which he wishes to undergo in order to combat the mental-abilities disorder in hospital;
(c) the duration of the treatment, which shall not exceed six weeks.
2 The patient confidence person shall provide advice and assistance in matters at the request of the person concerned, consistent with the statement referred to in paragraph 1.
A statement as referred to in Article 34b may not be determined after a psychiatrist who has previously examined the person concerned, but who was not involved in his treatment, has stated that:
a. The person concerned has made the declaration while he was able to oversee the content and its effects;
(b) the period of residence provided for in the declaration and the treatment provided for in the declaration may improve the situation of the person concerned in such a way as to ensure that his interests are reasonably appreciable in respect of a treatment.
1 The declaration referred to in Article 34b , is recorded in writing, dated and signed by the person concerned, the psychiatrist intended Article 34b and the psychiatrist, meant in Article 34c .
2 The statement is made by the psychiatrist, Article 34b -To the person concerned. A certified copy shall be provided by him to at least one person to be designated by the person concerned, to the inspector, and if he/she has another treatment officer to this practitioner.
The Chief Inspector shall keep a register of the statements for the protection of the patient.
1 The declaration shall be valid for one year and may be extended for the same period each time.
2 The declaration may be altered or withdrawn in the intervening period.
3 To the extension or amendment are the Articles 34b to 34d of corresponding application, provided that: Article 34c does not apply mutatis mutandis where it concerns a change in the treatment pair, if it is mentioned in the statement and if both the person concerned and the person to be appointed are so agreed.
4 On the withdrawal, the Articles 34c and 34d of corresponding application, provided that: Article 34c does not apply mutatis mutandis if the psychiatrist, intended to Article 34b , with the withdrawal agreement.
1 The judge may, at the request of the district attorney, grant a self-binding to a person who is a statement as intended Article 34d established in a psychiatric hospital, other than a mentally retarded establishment or a nursing facility, to be taken up, to be treated and to be treated.
2 A self-binding authorisation may be granted only if the circumstances described in the declaration are in the discretion of the court and that the person concerned does not demonstrate the willingness to include, stay or treat.
The lodging of a request for self-binding authorisation shall be subject to the following:
a. the psychiatrist, intended in Article 34b , or if the person concerned has another treatment, this practitioner,
b. The person or persons designated by the person concerned who have received a copy of the certificate.
1 In the case of a request as referred to in Article 34g shall be presented in the declaration provided for in Article 34d , the psychiatrist's statement, meant in Article 34c and a statement by a psychiatrist who has examined the person concerned in a short time before, but was not involved in his treatment, showing that the circumstances described in the declaration occur.
2 Article 4, second paragraph , and Article 5 (4) , shall apply mutatis mutandis.
1 After a request as referred to in Article 34g The D.A. shall make a request for the granting of a self-binding authorisation, unless he considers the request to be unfounded.
2 Upon request, the Article 34h of the documents referred to above, as well as the application, Article 34g, first paragraph No, no.
Article 7, first paragraph , and Article 8 shall apply mutatis mutandis to a request for the granting of a self-binding authorisation.
1 The judge shall decide as soon as possible, in any case within five days of the filing of the request by the D.A.
2 The Registrar shall send a copy of the decision relating to self-binding authorization:
a. the person concerned;
b. Counsel of the person concerned;
c. the psychiatrist, intended in Article 34b , and if the patient has another treatment, to this one,
d. the person or persons designated by the person concerned who have obtained a copy of the certificate;
e. the general practitioner of the person concerned;
f. the D.A.;
g. the inspector.
1 Article 9, fifth paragraph , and Article 10, first and second paragraphs , shall apply mutatis mutandis to a self-binding authorisation.
2 Upon entry into a psychiatric hospital, a copy of the entry shall be submitted. Article 34b The certificate provided for.
3 The self-binding authorisation shall have a period of validity of not more than the duration of the treatment laid down in the declaration, without prejudice to: Article 34o .
4 The self-binding authorisation shall be cancelled if, in respect of the person concerned, an entry into service has been ordered or a provisional authorisation has been granted. To the extent that the statement relates to the treatment, it shall be deemed to constitute a declaration as referred to in Article 34p .
1 The Articles 11 , 12 and 13 shall apply mutatis mutandis to a self-binding authorisation.
2 In the case of, or under general management of the administration, detailed rules on the application of the application are given to the proposal of Our Minister, in agreement with our Minister of Justice. Article 34g and the statement from the psychiatrist meant in Article 34c .
1 In respect of a patient who is staying in a mental hospital on the basis of a self-binding authorisation Chapter III Not applicable.
2 In respect of the patient, the treatment provided for in the declaration provided for in the declaration may be applied without his consent. Article 34d .
3 The patient or person or persons referred to in Article 34g (b) , against the non-application of that treatment, may lodge a written complaint with the board of the psychiatric hospital. On the handling of the complaint, the Articles 41 to 41b applicable mutatis mutandis.
4 Of the termination of treatment, the medical officer shall notify the inspector. The latter shall examine whether the treatment has been carried out in accordance with the self-binding declaration after the termination of the treatment.
1 By way of derogation from the Articles 45 and 46 give the doctor-director a patient who is staying in hospital on the basis of a self-binding authorisation to leave the psychiatric hospital if and for as long as it is justified to leave the hospital outside the hospital stay.
2 By way of derogation from Article 48 The doctor-director shall discharge to a patient who is staying in hospital under a self-binding authorisation as soon as one of the following conditions occurs:
a. The patient is in a position to appreciate his interests in this respect;
b. The validity of the self-binding authorization has expired.
3 The Articles 47 and 49 shall not apply in respect of a patient who is staying in a mental hospital on the basis of a self-binding authorisation.
1 A person aged 16 or over who is able to determine his will in relation to a treatment in a mental hospital, other than a mentally retarded or a nursing facility, may have a statement to that effect. connecting the disorder of his mental abilities in a psychiatric hospital, other than a mentally retarded establishment or nursing facility, if he is to be included under Chapter II, § 1 or § 3 .
2 The Articles 34b to 34e shall be applicable mutatis mutandis.
(1) If the person to whom a request was made by the State Prosecutor to grant one of the authorizations referred to in this Chapter or to issue a decision on dismissal as referred to in Article 4 (1) is the Article 49, third or tenth member , a disadvantage has been suffered by the court or prosecutor of any of the provisions contained in this Chapter or in the Article 49 In the event of failure to respect the proceedings, the judge shall, at the request of the person concerned, grant compensation to the State in compensation for damages.
2 The claim for damages can be made in the event of an independent request for a defence as referred to in Article 4 (2). Article 282, fourth paragraph, of the Code of Civil Procedure Or, on the occasion of the hearing of the person concerned or by a separate application, within three months of the day on which the person concerned could reasonably have been aware of the breach of the application, or in the case of an individual application, within six weeks of the day following the day on the day of the High Court's decision, the provision to which his application relates or, if it has been complained of in cassation of that breach, within six weeks of the date on which that infringement was lodged.
3 If the application for compensation is lodged on the occasion of the hearing of the person concerned, Article 282, fourth paragraph, of the Code of Civil Procedure applicable mutatis mutandis.
1 The board of a mental hospital carries care that to a patient on whom Chapter II The spouse, legal representative and the patient's close (family) relationship must be informed in writing of any doctor or other person at the hospital as soon as possible after his inclusion. in particular, will be responsible for its treatment.
2 With respect to a patient on whom Chapter II , § § 2 or 4 had been in the psychiatric hospital, the first member is being implemented as soon as possible after the granting of the judicial authorization.
3 When entering the hospital or at a later date, the patient can be Chapter II application has been found, only the items are taken from those who could pose a danger to his safety or to the good course of affairs at the hospital. The patient may be examined for this purpose either on his clothing or on the body.
4 If the patient is deprived of items as referred to in the preceding paragraph, a proof of receipt shall be given to him, in which those articles are defined. The items are kept for the patient, to the extent that this is not contrary to any legal requirement.
1 The board of the hospital carries out care that a patient on whom Chapter II application has been found, the spouse, the legal representative, as well as the close (family) relations of the patient will be placed in possession of a written account of the hospital as soon as possible after his inclusion. house rules in force, as well as on the rights to the patient under this Act. The summary, referred to in the previous sentence, includes the address under which the hospital board is reachable for complaints as intended. Article 41, first paragraph . The patient shall also be informed in writing that his treatment data will be included in a patient file to be submitted to him. Article 36, second paragraph , shall apply mutatis mutandis.
2 If a patient already in a psychiatric hospital is already in a psychiatric hospital Chapter II, par. 3 , application has found, carries the hospital board to ensure that the person concerned, the spouse, the legal representative, as well as his close (family) relations as soon as possible after giving the charge by the mayor in the case of a copy of the mayor's decision, after his entry is entered.
3 The person responsible for the treatment shall ensure that the patient receives an oral explanation in this regard.
4 In the case of a general measure of management, detailed rules for the provisions of paragraph 1 shall be laid down. In any case, for that purpose, requirements to which the house rules referred to in that paragraph and the patient dossier referred to in that paragraph must at least comply.
The Chief Medical Officer shall ensure that a patient has been recorded in respect of his or her mental and physical status, the treatment applied to him and the effects thereof. The endorsement shall be kept in such a manner as to give clear understanding of the course of the disease.
1 Article 38 will apply to patients on whom Chapter II application has been found, which are contained in a psychiatric hospital, which is a nursing facility or retardation facility.
2 The Articles 38a , 38b and 38c will apply to patients on whom Chapter II application has been found, which are contained in a psychiatric hospital, not being a nursing facility or retardation facility.
1 The doctor-director shall be responsible for ensuring that a patient is referred to in the Article 37b, first paragraph , as soon as possible after the inclusion of a patient on whom Chapter II has been found by the person responsible for the treatment, after consultation with the patient, a treatment plan is drawn up. Article 36, second paragraph , shall apply mutatis mutandis.
2 The person responsible for the treatment shall consult with the institution or psychiatrist who treated or accompanying the patient prior to his or her inclusion, as well as with the patient ' s general practitioner, for the preparation of the treatment plan. If the investigating person decides that the patient cannot be considered to be reasonable to appreciate his interests in relation to the proposed treatment, he shall consult with the legal representative of the patient in question. or, if it is missing, with the person empowered to do so by the patient in writing. If there is no such person or does not occur, consultations shall be held with the spouse of the patient, unless such person does not wish to, or, if there is no such person, with a parent, child, brother or sister of the patient, unless such person or person does not wish to do so. person who does not wish to do so, to the extent that such consultation is compatible with the care of a good resource provider.
3 The treatment plan referred to in paragraph 1 shall be designed to treat the disorder in such a way that the risk of the patient having to reside in the hospital without having demonstrated the willingness to do so is removed. In the case of a general measure of management, requirements should be laid down, which must be met by a treatment plan. In addition, in the case of a general measure of management, rules may be laid down in respect of the categories of treatment or measures laid down in respect of the procedures for deciding to apply them.
4 If, in the course of consultations provided for in paragraphs 1 and 2, it is not possible to reach agreement on the treatment plan, the investigating person shall inform the medical officer thereof.
5 If the consultation on the treatment plan has not led to agreement, no treatment can be applied to the patient. Nor can a treatment be applied if, admittedly, consultations on the treatment plan have led to agreement, but the patient or, where the second sentence of the second sentence of the second sentence is applied, the appropriate consultation procedure has been approved. to oppose such persons or persons, except that even if the relevant consent of that person or persons is obtained, the treatment cannot be applied if the patient opposes it. Notwithstanding the two preceding sentences, the proposed treatment plan may nevertheless be applied to the extent necessary to the extent that it is absolutely necessary to endanger the patient or others arising from the treatment of the disorders of the mental faculties, to be aversive. In the case of a general measure of management, categories of treatment tools or measures may be designated, which may not be used in the course of a treatment as referred to in the third sentence.
6 The Chief Medical Officer shall, at the latest at the beginning of a treatment with the application of the third sentence of paragraph 5, notify the inspector. It shall indicate at least which persons are responsible for deciding to take over such treatment and the reasons underlying the decision. If the treatment is applied while the patient opposes such treatment, the physician/director shall also indicate whether the patient can be regarded as capable of taking advantage of the scheme, contained in the Articles 41 and 41a . He shall also notify the persons referred to in the second paragraph, second sentence, as soon as possible after the beginning of such treatment. He shall notify the inspector of the termination of such treatment.
7 The inspector shall, after the termination of any treatment under the third sentence of the fifth paragraph, examine whether the decision to proceed to such treatment has been carefully taken and whether the execution of the treatment is to be carefully considered. He's done
1 The doctor-director shall be responsible for ensuring that a patient is referred to in the Article 37b, second paragraph , a treatment plan shall be drawn up as soon as possible after its inclusion. The treatment plan is aimed at eliminating the danger that the mental ability disorder causes the person concerned to no longer be in hospital. If possible, this will be done through the treatment of the disorder. If this is not possible, this will be done by otherwise taking away the danger. Article 36, second paragraph , shall apply mutatis mutandis.
2 In the case of a general measure of management, a treatment plan may be required to comply with the requirements of a treatment plan.
3 The treatment plan shall be drawn up by the person responsible for the treatment after consultation with the patient.
4 If the person responsible for the treatment decides that the patient cannot be considered to have reasonable appreciation of his interests in relation to the proposed treatment, the treatment plan shall be by way of derogation from the third party. member established in consultation with the legal representative of the patient or, if there is no such person, with the person authorised by the patient in writing. If there is no such person or does not occur, the treatment plan shall be drawn up in consultation with the spouse of the patient, unless such person does not wish to, or, if there is no such person, with a parent, child, brother or sister of the patient who is not in the patient's or her husband's spouse. the patient, unless this person does not wish to do so, to the extent that such consultation is compatible with the care of a good worker.
Prior to the preparation of the treatment plan, the person responsible for the treatment shall consult with the institution or psychiatrist who treated or accompanied the patient prior to his entry, as well as with the general practitioner of the patient.
Treatment of the patient takes place only:
a. To the extent that it is foreseen in the treatment plan
b. if the consultation on the treatment plan, referred to in Article 38a, third or fourth member , has led to agreement, and
c. if the patient or-if applicable-the Article 38a, fourth paragraph , the person referred to is not opposed to treatment.
(1) If the conditions of Article 38b (b) and (c) , treatment may nevertheless take place:
a. to the extent likely that without that treatment the risk of the impairment of the mental ability may not be caused within a reasonable period of time; or
b. To the extent that this is absolutely necessary to avert the danger that the mental-abilities impairment may cause within the establishment.
2 Treatment according to paragraph 1 shall be made by a written decision of the practitioner. Where a treatment is given in accordance with paragraph 1 (a), it shall specify the time limit for which it is to apply. The period shall be as short as possible but not more than three months from the date on which the decision is reached. A copy of the decision shall be forwarded by the practitioner to the medical officer.
3 If, within six months of the expiry of the period referred to in paragraph 2, continuation of treatment or re-examination in accordance with paragraph 1 (a) is necessary, it shall be carried out only by a written decision. from the medical director. The doctor-director shall, in his decision, indicate why the intended effect is to be expected from a treatment. The second paragraph, second sentence, shall be applicable to such decisions.
4 In the case of a general measure of management, categories of treatment tools or measures may be identified which may not be applied to treatment in accordance with the first paragraph. In addition, in the case of a general measure of management, rules may be laid down in respect of the categories of treatment or measures laid down in respect of the procedures for deciding to apply them.
5 The medical officer shall, at the latest at the beginning of a treatment in accordance with the first or third paragraphs, notify the inspector. In any case, he shall state by which person the decision has been taken and shall forward a copy of the decision referred to in the second or third paragraph. If the treatment takes place in a situation where it is the patient who resided, the doctor-director shall also indicate whether it can be regarded as having recourse to the scheme, contained in the Articles 41 and 41a . Of the termination of a treatment in accordance with the first or third paragraph, he shall give notice to the inspector.
6 The doctor-director shall, in accordance with paragraph 1, inform the doctor of a treatment as soon as possible of the continuation of the treatment in accordance with the third paragraph, if applicable. Article 38a, fourth paragraph , that person.
7 The inspector shall, after the termination of each treatment in accordance with this Article, but in any event after the expiry of the period referred to in the second paragraph, examine whether the decision has been taken to that effect carefully and whether the execution of the procedure has been taken. treatment has been carefully taken.
1 In relation to a patient who is carrying out a statement as intended Article 34p It shall be linked to the duration specified in the statement in the treatment plan, as provided for in the declaration.
2 Without prejudice Article 38c, first paragraph, point (b) , may in relation to a patient who is dealing with a statement as intended Article 34p is connected, the treatment provided for in the declaration shall be applied, even if the patient opposes it.
3 Article 34n, fourth paragraph , is applicable.
1 In relation to a patient on whom Chapter II application, may, other than to implement a treatment plan, take into account Article 38 , 38b or 38c , no means of action or measures shall be applied than in order to bridge temporary emergency situations caused by the patient at the hospital as a result of mental faculties.
2 Resources and measures which may be applied in cases referred to in paragraph 1 shall be designated by general management of the Board. Periods of time, during which no more than the various means and measures may be applied in respect of a particular patient, shall be indicated.
3 The doctor-director shall, as soon as possible after the beginning of the application of a means or measure, as referred to in the preceding paragraphs, notify the spouse, the legal representative or, in the event of his absence, the immediate (family) relations, and in any case, to the inspector. From the termination of any means or measure, he shall notify the inspector as soon as possible. The notification shall be made on an appropriate form to that effect by Our Minister.
The notification of the medical officer to the inspector referred to in the Articles 38, 6 , 38c, fifth Member , and 39, third member , shall be made on an appropriate form for that purpose by Our Minister.
1 The postpieces, addressed to or coming from a patient on whom Chapter II In the presence of the patient may be subject to a control of transmitted objects.
2 Unless the visitor is a lawyer acting as a patient ' s counsel, or a judicial authority, the Chief Inspector or the inspector, restrictions in the right to visit in accordance with applicable laws may be granted. house rules are imposed, but only:
a. If the visit is likely to have serious adverse effects on the state of health of the patient, provided that such evidence indicates, from an express statement of the person responsible for his treatment, or
b. if this is necessary for the prevention of disturbance in the hospital, as described in the rules of the house, or for the prevention of criminal offences.
3 Restrictions in the right to freedom of movement in and around the hospital in accordance with the rules in force for that purpose, other than as a means or measure, indicated by a general measure of management under Article 39, second paragraph , it shall be imposed:
a. If, in the opinion of the person responsible for the treatment, serious adverse effects on the state of health of the patient are to be feared, or
b. if this is necessary for the prevention of disturbance in the hospital, as described in the rules of the house, or for the prevention of criminal offences.
4 Restrictions in the right to freedom of the telephone in accordance with the rules in force for that purpose, unless it concerns traffic with a lawyer acting as a patient ' s counsel, or a judicial authority, the chief inspector or the person responsible for the exercise of the right to freedom of the telephone. inspector, shall be imposed:
a. If, in the opinion of the person responsible for the treatment of the exercise of the right to freedom of telephone exchange, serious adverse effects are to be feared for the health of the patient, or
b. if this is necessary for the prevention of disturbance in the hospital, as described in the rules of the house, or for the prevention of criminal offences.
5 The imposition of restrictions in accordance with the second, third or fourth paragraphs shall be communicated without delay to the medical officer.
6 In respect of decisions referred to in the second to the fourth paragraph, application of Article 4: 8 of the General Administrative Law Act shall be omitted if the patient is unable to determine his/her wishes on the basis of the impairment of his mental faculties with regard to the proposed decision. In that case, if possible, the Article 38, second paragraph , or 38a, fourth member , the person referred to.
The patient in respect of whom a decision is being made against which on the basis of Article 41, first paragraph , a complaint may be made by means of the care of the medical director in writing about the grounds on which the decision is based, on the possibility of enabling the patient confidence person and on the possibility of using the complaint. making of the Articles 41 to 41b .
1 The patient, every other patient in hospital and every person in the hospital Article 4, first paragraph , persons referred to may be opposed to a decision as referred to in Article 38, second paragraph, second sentence, and fifth paragraph, third sentence , Article 38a, fourth paragraph , Article 38c, second and third paragraphs and the Articles 39 and 40 , as well as to a decision on the non-application of the agreed treatment plan, make a written complaint to the board of the psychiatric hospital.
2 The management of a hospital in charge of a commission to deal with and decide on complaints as referred to in paragraph 1. A general measure of management shall lay down rules on the composition of the committees and on the manner in which complaints are dealt with.
3 The address to which a complaint is to be lodged is published by the care of the medical director by confirming a written communication on the matter in respect of the relevant places in the hospital.
4 The committee may suspend the decision against which the complaint is addressed.
5 A complaint may be left out of consideration if an equal complaint is still pending.
6 The Commission shall, within two weeks of receipt of the complaint, or, in the case of a complaint, issue a complaint against a decision which has no effect at the time of the submission or in which the action is due at the time of the complaint to the Commission, lapse within four weeks of receipt of the complaint, of its reasoned decision on the complaint or of its failure to deal with it pursuant to the provisions of the fifth paragraph, of knowledge to the complainant, the patient concerned, the treatment person, the physician-director, the board and the inspector.
7 The decision of the Commission shall extend to:
(a) the Commission's unrating;
b. failure to receive a declaration of the complaint,
c. Unground statement of the complaint; or
(d) based on the complaint.
8 If the Commission makes the complaint justified, it shall destroy the contested decision in whole or in part. Destruction or destruction of the legal effects of the decision or the part of the decision which has been destroyed shall be destroyed.
9 If the commission makes the complaint well-founded, it may bear the person responsible for the treatment in order to make a new decision or to take a different act in accordance with its decision.
10 The committee may set a time limit for the person responsible for the treatment to take a new decision or to perform another act.
1 If the committee has not made a decision in time or if the committee ' s decision does not imply that the complaint is well founded, the complainant may ask the inspector in writing to submit a petition to the judge on to obtain the decision on the complaint. Jurisdiction is the court of the district in which the psychiatric hospital in question is located. Article 7, second paragraph , shall apply mutatis mutandis. The time limit for the submission of a request shall be six weeks from the day following that on which the committee was to decide not later than the day on which the decision of the commission has been made known to the complainant. The complainant shall attach a copy of the complaint to the complaint and a copy of the decision to the complaint.
2 The inspector shall not be required to comply with the request if he considers the complaint inadmissible. An inadmissible statement shall inform the complainant, the patient, if he is not the complainant, the counsel of the complainant, the person responsible for the treatment, within two weeks of the date on which he received the request. The person, the medical officer, the management and the commission. In other cases, within two weeks of the date on which he received the request, he shall lodge a petition with the judge asking for the decision on the complaint.
3 If the complainant is not the patient, the inspector shall hear the patient to determine whether these concerns have concerns about the lodging of a petition in order to obtain the decision of the judge on the complaint. The inspector may decide to comply with the request only for important reasons if the patient has reservations.
4 The inspector shall state his views on the basis of his application. He shall attach a copy of the complaint to his application and a copy of the decision on the complaint.
5 If the complainant is the patient, he may, without prejudice to the first sentence of the first paragraph, in the cases provided for in that sentence, submit a petition to the court for the purpose of obtaining the decision on the complaint. The first paragraph, second to fifth sentences, shall apply mutatis mutandis.
6 Article 8, with the exception of the third paragraph , with regard to the treatment of a petition of corresponding application, it being understood that in any case the judge hears the complainant, the patient, if it is not the complainant and she is prepared to hear himself, and the person responsible for the application Person responsible for treatment. The other persons referred to in Article 8 (4) , shall be heard only if necessary. If it is not apparent that the complainant already has a counsellor, only the court of the Board of the Board of Justice may charge legal aid to the addition of a counsellor.
7 The court may suspend the decision against which the complaint is addressed.
8 If the judge considers the complaint to be unfounded, he may immediately have the application at the hearing without treatment.
9 The court shall decide within four weeks of the submission of the application. No appeal shall be appealed against the decision of the court.
10 The decision shall extend to:
a. No rating of the court;
b. failure to receive a declaration of the application or complaint,
c. Unground statement of the complaint; or
(d) based on the complaint.
11 If the court declares the complaint well founded, it shall destroy the contested decision in whole or in part. The total or partial destruction of the decision entails the destruction of the legal effects of the decision or the part of the decision which has been destroyed.
12 If the court declares the appeal to be justified, it may bear the person responsible for the treatment to take a new decision or to take a different act in accordance with its ruling.
13 The court may set a time limit for the person responsible for the treatment to take a new decision or to perform another act.
14 The court may provide that, if or as long as the person responsible for the treatment fails to comply with the decision of the court, the legal person who maintains the psychiatric hospital shall inform the patient on whom the complaint relates shall have a penalty payment to be fixed in the decision. The Articles 611a to 611i of the Code of Civil Procedure shall be applicable mutatis mutandis.
15 The Registrar shall send a copy of the decision to the complainant as soon as possible, the patient, if he is not the complainant, the counsellor of the complainant, the person responsible for the treatment, the medical officer, the administration, the person responsible for the proceedings. The commission and the inspector.
1 If the complainant is the patient, the inspector or the complainant may submit to a petition as referred to in Article 41a, first paragraph, fifth paragraph, second paragraph , ask the complainant to award damages to the legal person who maintains the psychiatric hospital in question on the ground that the decision against which the complaint is addressed is unlawful. The court may decide separately on this request.
2 To a request referred to in the first paragraph Article 41a, ninth paragraph , not applicable.
The inspector shall be in a position to ensure that a patient who opposes the application of a treatment cannot be regarded as having recourse to the scheme, contained in the Articles 41 and 41a , a petition may be submitted in order to obtain the decision of the judge on the decision on the need to apply the treatment against which the patient resided. Article 41a, first paragraph, second and third sentences , shall apply mutatis mutandis. The inspector shall submit a petition to the court as soon as possible. Article 41a (4), fourth paragraph, first sentence, sixth paragraph, first and second sentences, ninth to fifteenth member , shall apply mutatis mutandis.
1 The patient on whom Chapter II Without prejudice to his right of transfer, the Director may, without prejudice to his right of transfer, request the Director of the Medical Officer, orally or in writing, to transfer to a hospital or other hospital, in particular, by him.
If the Director considers that it is in the best interests of the patient to comply with the request, he shall take the necessary steps in this regard.
3 If the Chief Medical Officer considers that the request cannot be satisfied, he shall inform the patient in writing of the reasons why he considers that he is unable to act on the request. He shall send a copy of his decision to the inspector.
4 The inspector should hear the patient, if necessary. If the inspector is required to be transferred, he shall take the necessary measures to ensure that he is incorporated in a different hospital. The doctor-director shall be responsible for transferring the patient to the other hospital, at the instructions of the inspector.
1 In the case of a general measure of administration, additional rules may be laid down to guarantee the rights of persons to whom Chapter II Application has been found.
2 A general measure of management on the basis of the first member or on the basis of Article 37 (4) , 38, third paragraph, second sentence , 38a, second member , 38c, fourth member , 39, second paragraph , or 41, second paragraph , it is decided upon the nomination of Our Minister in accordance with our Minister of Justice.
1 If the dangerousness of the mental faculties resulting from an application of Chapter II in a psychiatric hospital not being a mentally retarded establishment or a nursing facility, where the patient has been reduced to such a reduction that it is justified to return to him temporarily in society, the doctor-director shall, as far as he/she is concerned, in the interests of the patient, leave the psychiatric hospital not to be a mentally retarded institution or a nursing facility, to leave a period to be specified. If possible, consultations shall be held beforehand with the Article 4, first paragraph The person concerned, the person to whom the patient was being cared for prior to his entry in a hospital, and the institution or psychiatrist, who previously treated or escorted him prior to his entry, and the general practitioner of Person.
2 Leave for a continuous period of more than 60 hours may be given at most twice a calendar year for a maximum period of two weeks. If consideration is given to taking leave for more than 60 hours, consultations shall be held with the inspector in whose area the psychiatric hospital is situated.
3 On leave, conditions relating to the treatment or behaviour of the patient may be linked to the extent that such behaviour affects the danger arising from the mental-abilities disorder. The conditions must not restrict the freedom of religion or belief or the freedom of state. The doctor-director shall grant a leave of absence if the patient has declared his willingness to comply with the conditions or is reasonable to assume that the person concerned will comply with the conditions.
4 The conditions referred to in paragraph 3 may be ordered by the person concerned under the supervision of a designated institution or a natural person, who shall assist him in the fulfilment of the other conditions of aid and assistance.
5 Our Minister proposes a list of institutions which can be designated for monitoring purposes, as referred to in the fourth paragraph.
6 The Doctor-Director shall provide the patient with a written declaration on leave which has been granted leave to him.
1 The doctor-director draws it in Article 45 provided that the danger arising from the impairment of mental faculties makes this necessary and where the danger cannot be caused by the intervention of persons or institutions outside a psychiatric hospital are to be avered. The leave may be withdrawn by the Chief Medical Officer when the patient fails to comply with the prescribed conditions or at the request of the patient. The medical director shall inform himself of the current mental state of health of the patient. No later than four days after the withdrawal of the leave, the Chief Medical Officer shall inform the patient of his decision in writing, giving the reasons which led to the withdrawal.
(2) With regard to the decision of the doctor-director to withdraw the leave of leave for the person concerned and for each of the persons in question Article 4, first paragraph , persons referred to, open the possibility to the Prosecutor to request the decision of the Judge in accordance with Article 14th, third and fourth members .
The doctor-director shall give a patient on leave provided for in Chapter II in a mentally retarded establishment or in a nursing facility, if and for so long as it is justified to allow him to stay outside the establishment.
1 If the dangerousness of the mental faculties resulting from an application of Chapter II in a psychiatric hospital, where a patient has been reduced to the extent that the provision of discharge from the psychiatric hospital is justified under conditions to be attached, the doctor-director shall, to the extent that this is in the Patient's interest is preferred, conditional discharge.
2 Article 45, first paragraph, final sentence, third member, and fourth, fifth and sixth members , shall apply mutatis mutandis. The doctor-director shall inform in advance the spouse, the legal representative and the close (family) of the patient's relationship to the proposed conditional dismissal.
3 With regard to revocation of conditional dismissal Article 46 applicable mutatis mutandis.
1 Unless continuing to remain in the psychiatric hospital as a voluntary patient and having the necessary willingness to do so, the doctor-director shall grant a patient to whom Chapter II If one of the following conditions occurs, the hospital must resign from the hospital:
a. The person concerned is not, or is no longer, disturbed or dangerous in his mental abilities or is likely to be turned off by the intervention of persons or institutions outside a mental hospital;
b. the period of validity of one of the Chapter II, (1) to (4) The said judicial authorities have expired, unless a request is made before the end of the period for the granting of a subsequent judicial authorization; in that case the Director shall give notice of his resignation.
1 °. as soon as the application has been made available and the decision does not extend to continued residence;
2. as soon as the deadline for the adoption of the decision has expired;
(c) The officer shall not be required by the officer or disqualified by the court in respect of an authorization to pursue the obligation to maintain a person permanently staying in the hospital under Article 20. -if no decision has been taken within the prescribed period, once the period for giving the decision has expired; or
d. Dismissal by Judge after application of Article 49 shall be ordered.
2 By way of derogation from the provisions of the first paragraph, B , second, and under C , if the judge has not given the decision within the prescribed period due to the hearing of an expert at the request of the patient concerned, the doctor-director shall not resign from the judge's examination.
3 Article 45, first paragraph, final sentence, second paragraph, final sentence and sixth member , shall apply mutatis mutandis. The doctor-director shall inform in advance the spouse, the legal representative and the close (family) of the patient's relationship to the proposed dismissal.
1 A with application of Chapter II (1) to (4) , in a mental hospital staying patient, every person in the hospital Article 4, first paragraph As well as the inspector and the prosecutor, in whose jurisdiction the psychiatric hospital is situated, the medical director of the psychiatric hospital may have conditional dismissal or dismissal of the patient. Request from the hospital.
2 The doctor-Director shall decide on the application, taking into account: Article 47 , below Article 48 . The decision shall be communicated to the inspector. For the purposes of applying the third and tenth paragraph, a decision of the Director of the Medical Board shall be taken as not to decide within two weeks of the receipt of the request.
3 In the case of a decision of rejection, the person who has obtained the decision may, if not the D.A., ask the prosecutor to request the decision of the Judge. The request to the Public Prosecutor shall be made in writing and shall be accompanied by a copy of the original request and of the decision of the Director of the Medical Officer.
4 The inspector shall give written notice to the Public Prosecutor of his/her opinion on the request for dismissal on his own request.
5 Without prejudice to paragraph 6, after receipt of the request referred to in paragraph 3, the D.A. shall request the decision of the Judge as soon as possible with the corresponding documents. The applicant shall be notified in writing whether the request referred to in the first sentence has been lodged by the State Prosecutor.
6 The prosecutor shall not be required to comply with the request referred to in paragraph 3 if he considers the applicant not to be admissible or if, during the course of the four months preceding the request, he has already received a request from his The Court of Justice and the new application to the D.A. does not appear to be new facts.
7 If the request to the D.A., as referred to in the third paragraph, comes from a patient other than the patient concerned, the officer shall hear the patient. If the patient objects to the provocation of a court ruling on his dismissal from the hospital, the prosecutor does not need to comply with the request either.
8 A request brought by the D.A. for the decision of the Judge as referred to in paragraph 3 shall cease when, in relation to the same patient, a request for authorisation is granted by the district attorney. continued residence is done.
9 Article 8 shall be applied mutatis mutandis subject to the condition that the request, if obtained from the patient, is handled by the multiple chamber of the court. Article 9, first paragraph, second sentence, and fifth paragraph , shall apply mutatis mutandis. The Registrar shall send a copy of the order to the applicant as soon as possible, the patient, if he is not the applicant, the medical officer and the inspector.
10 If a decision to resign is subject to conditions, Article 45, first paragraph, second sentence, third, fourth and fifth members , mutatis mutandis.
11 In the case of a decision of rejection of a request made by the D.A. as referred to in paragraph 1, the officer may, in a court order, make a request for the dismissal of a dismissal. The ninth and 10th members shall apply mutatis mutandis.
In the case of, or under general management of the administration, the presentation of the Minister's nomination in accordance with our Minister of Justice, detailed rules may be laid down regarding the provisions of this Chapter.
1 The Article 10, second paragraph , 15 to 18 , 36 to 50 and 56 to 58 shall apply mutatis mutandis, without prejudice to the second paragraph, in respect of persons covered by a judgment of the criminal court as intended Article 37, first paragraph, of the Penal Code staying in a mental hospital.
(2) With regard to those who reside in a psychiatric hospital under this law, if they are also made available for the purpose of consulting the public authorities, the Articles 47 , 48 and 49 Not applicable and not Article 45 provided that the medical officer is granted leave only in accordance with our Minister of Justice. For the purpose of implementing the public consultation order, the doctor-director may terminate the stay in the psychiatric hospital referred to in this paragraph and the first member after consultation with our Minister of Justice. The foregoing shall apply mutatis mutandis to those who, under this Act and also with the application of Article 15, fifth paragraph, of the Penitentiary Principles Act staying in a mental hospital.
3 The Articles 36 to 41b , 44, 56 , 57 and 58 shall apply mutatis mutandis to persons who have been placed at the disposal of persons, persons to whom the measure of placement in an establishment has been imposed on young persons, persons to whom the measure for placement in a facility for the establishment of a person is subject to the measure. Systematic offenders have been imposed and those who have been ordered to remain in custody and custody for observation, if the enforcement of that measure or that warrant takes place in a psychiatric hospital, not a judicial Equipment intended for nursing as intended for use in the Community Article 90, quinquies, second paragraph, of the Penal Code .
4 Article 10, second paragraph , shall apply mutatis mutandis with respect to persons to whom judgment of the Judge as intended. Article 38 of the Code of Criminal Law the condition has been set for inclusion in a mental hospital.
1 At the time of the first recording in a mental hospital, in the execution of an order as intended in Article 2, first paragraph, introductory sentence, of the DNA Investigation Act in convicts and to the extent that otherwise necessary for the determination of identity, identity shall be established of a person who is under a decision based on the Code of Criminal Procedure , the Penal code , the Penitentiary Principles of Principles , the Principles of principle nursing at the disposal of the or the Principles of Principles Judicial Youth Directions is placed in a mental hospital.
2 Determining the identity of the person, referred to in paragraph 1, shall include, upon the initial entry in the psychiatric hospital, the questions of his name, fornames, place of birth and date of birth, the address on which he is in the basic registration is registered and the address of his actual whereabouts outside the mental hospital. In cases where fingerprints have been taken and processed according to the Code of Criminal Procedure or the Aliens Act 2000 The identification of his fingerprints and the comparison of those fingerprints with the fingerprints of his/her use shall also include the determination of his identity. In the other cases, the determination of his identity shall include an examination of the identity document referred to in Article 1 of the Identification Light Act . Article 29a, second paragraph, of the Code of Criminal Procedure shall apply mutatis mutandis.
3 In the execution of an order as referred to in Article 2, first paragraph, introductory sentence, of the DNA Investigation Act in convicts The person referred to in the first paragraph shall be subject to one or more fingerprints in accordance with the provisions of the Code of Criminal Procedure The second paragraph, second and third sentences, shall apply mutatis mutandis. In any other case where it is necessary to establish the identity of the person referred to in paragraph 1, the second and third sentences of the second paragraph shall apply mutatis mutandis,
4 In the case of, or under general management, rules governing the processing of personal data referred to in the second and third paragraphs shall be laid down.
Our Minister shall act in respect of the implementation of the provisions of this Act, as applicable to persons, in respect of whom, under any legislation, the Minister of Justice has a co-responsibility, Agreement with our Minister of Justice.
1 By a psychiatric hospital, persons shall be provided by whom or in respect of whom Chapter II the necessary willingness to draw or stay shall not be taken on presentation of any of the documents referred to in the second paragraph which relates to such persons.
2 The documents referred to in the first paragraph shall be:
a. a copy of a court order, holding an authorisation as referred to in Chapter II, § § 1 , 4 or 4a ;
b. a copy of a decision of the Mayor or of the Judge as referred to in Chapter II, § 3 ;
(c) a copy of a decision of the Chief Medical Officer and a copy of the judicial decision, giving a conditional authorisation;
d. An extract from a judgment of the punishing judge as intended in Article 37, first paragraph, of the Penal Code , in so far as that ruling relates to the inclusion;
e. an extract from a court ruling, in which, with application of Article 37b or Article 38c of the Code of Criminal Law a public consultation of an order made available to the public in so far as that decision relates to the posting and order of this order;
f. a copy of a charge to placement in a facility for the purpose of nursing at the disposal of the said Article 13 of the Code of Criminal Law ;
g. a copy of a disposition of inclusion on the basis of the in and under the Penitentiary Principles Act;
h. an extract from an article of law, applying Article 77 H of the Code of Criminal Law the placing of a youth establishment shall be ordered, in so far as it relates to such a measure;
(i) a copy of a decision to be entered for examination or observation on the basis of any legal provision which may be available to that effect.
3 By way of derogation from the provisions of the first paragraph in respect of a person who is not shown the necessary willingness to take up and stay in a mentally retarded establishment or in a nursing establishment, the Commission shall documents referred to in paragraph 2 shall be required if that person demonstrates resistance to entry and residence.
1 If by or in relation to a hospital, whether or not, a mental hospital, on the basis of one of the other hospitals in the hospital, Article 53, second paragraph Decisions taken as a person after the period of validity of such decisions in the sense of: Chapter II it does not demonstrate the willingness to continue the stay, or if by or in respect of a person not included in the context of one of the decisions referred to above, Chapter II In order to ensure that the stay is terminated, the hospital shall continue the stay only on presentation of one of the documents referred to in the second paragraph which relates to that person. By way of derogation from the provisions of the preceding sentence relating to the expression of a willingness by the person to be shown, in the case of an authorisation granted on the basis of Article 3 , after the period of validity of that authorisation, to be fulfilled in accordance with the condition laid down in the first sentence, provided that the person admitted demonstrates opposition to the continuation of the stay.
2 The documents referred to in the first paragraph shall be:
a. a copy of a court order, holding an authorisation as referred to in Chapter II, paragraphs 1 , 2 , 3 or 4 ;
b. A statement by the Public Prosecutor pursuant to Article 16, third paragraph In conjunction with Article 6, third paragraph , which has been requested by him to obtain the right to remain in residence;
c. a copy of a decision of the penal law extending the posting on the basis of Article 38 Ed of the Code of Criminal Law ;
d. a copy of a decision extending the period of stay on the basis of any other legal provision to that effect.
1 In the case of transfer to another hospital, whether or not being a mental hospital, the inclusion shall be accompanied by a copy of a decision as referred to in the Articles 53 and 54 , at that time of strength for the patient involved.
2 The medical director of the hospital, whether or not being a psychiatric hospital, in which the patient is admitted after transfer, gives notice of the transfer as soon as possible to the Registrar of the Court of Justice or Court of Justice to the Mayor who has taken the decision referred to in paragraph 1.
3 The Registrar shall notify the persons and institutions of the transfer of the patient-indicating the hospital where the person is admitted-who is responsible for the transfer of the patient. Article 9, second paragraph, point (e) , and 12, first and second members , by his notification of the decision referred to in paragraph 1, and to the inspector and to the D.A., in whose area the hospital is situated, if the transfer took place to a hospital in another person. Office area.
4 The mayor who took the decision referred to in paragraph 1 shall notify the persons who have been admitted to the persons who have been admitted to the hospital where the person concerned has been admitted to the hospital, stating that he is responsible for the transfer of the patient. Articles 25 and 26 have been informed of the decision referred to in paragraph 1 or of another transfer, as well as to the inspector and the D.A., in whose area the hospital is situated, if the transfer took place to a hospital in another area.
5 The second, third and fourth members shall not apply to patients listed on presentation of a copy of a decision as referred to in Article 53, second paragraph, point d, e, f and g , or Article 54, second paragraph, point (c) .
1 The doctor-director shall care that in the patient file of a person applying to Chapter II (1) to (4) in a mental hospital, the following endorsement shall be kept:
a. On the basis of Article 38 or Article 38a a treatment plan drawn up;
b. Progress per month in the implementation of this plan;
(c) the involvement of the person concerned in the implementation of this plan;
d. if no agreement has been reached on a treatment plan, the reason for this and the proposal made by the person responsible for the treatment or the proposals made to that end;
e. if Article 38, fifth paragraph, third sentence , or Article 38c, first paragraph application has been found, the treatment that has been applied, and the reasons that have led to it;
f. application of Article 39 with regard to the person concerned and the reasons for such action.
2 The doctor-director shall also ensure that the patient record is kept in note with the following:
a. Other decisions as referred to in the Chapter III and IV and the grounds on which those decisions were taken;
(b) copies of judgments and extracts from judgments and copies of decisions taken by the Mayor as referred to in Article 3 (2). Chapter II, § 3 ;
c. receive or issue medical certificates as intended in the Article 5, first paragraph , 16, first paragraph , 20, seventh member , and 33, third member .
3 The provisions of paragraph 2, B , as well as extracts from the copies and copies of the copies of the copies of the entries in the second paragraph, C Declarations of interest shall be kept for at least five years following the day of the decision, but not more than five years after the end of the stay of the person concerned in the case of the relevant patient file. hospital, and then destroyed. A copy of the receipt of proof of receipt to the patient in accordance with the relevant patient file shall be maintained. Article 20 (6) , 36, fourth member and 66, fourth member Has been issued.
4 In the case of general management measures, rules shall be given in the interests of the protection of privacy with regard to the period of time during which the information contained in the file is kept and relating to the period of application of the rules of procedure. transfer of the file to third parties.
5 The patient's record is kept in order to ensure the quality of individual aid and the legal status of the patient and its representatives.
1 The doctor-director shall care that in the patient file of a person applying to Chapter II, Section 4a , an endorsement shall be kept in a mental hospital of:
a. the statement provided for in the declaration Article 34a , planned treatment;
b. Progress per month in the implementation of the treatment;
(c) the involvement of the person concerned in the execution of the treatment.
2 Article 56, fourth paragraph , is applicable.
3 The first and second members shall apply mutatis mutandis to a patient who is a statement as intended Article 34p provided that the treatment provided for in that declaration is implemented.
The Chief Medical Officer shall, for the purpose of exercising supervision under this Law, ensure that any application of a means or measure is designated under the supervision of the competent authorities. Article 39, second paragraph , and of the reasons which have led to it, endorsement shall be kept in a register, to a model to be determined by our Minister.
1 The doctor-director shall, once a month, with a view to his powers under this law to the inspector and to the D.A., in whose official area the hospital is situated, and the names of the patients,
-listed, subject to communication of the documents submitted thereto, as referred to in Article 53 ;
-to whom leave has been granted for more than 60 hours or conditional dismissal on the basis of the Articles 45 or 47, first paragraph, point (i) the notification of the provisions attached to these provisions, under conditions or for more than 60 hours ' leave has been granted on the basis of: Article 34o , first paragraph,
-whose leave or conditional dismissal has been withdrawn on the basis of Article 46 or 47, third member ;
-who has been dismissed on the basis of Article 34o, second paragraph , or Article 48 ;
-who died, under the notice of the cause of death.
2 The doctor-director shall also send to the inspector, in whose area the hospital is situated, a copy of the information contained in the register provided for in the register. Article 57 , resources and measures entered in the preceding month.
3 The doctor-Director shall also send once a month in respect of the application of § 3 of Chapter II a short report, containing the findings of the investigating person during the period of entry into service, included in patients whose vaccination is terminated in the relevant month.
4 If any with application of Chapter II patient or a patient as intended in Article 51 is absent without having been granted leave or parole, it shall be communicated without delay to the inspector and to the prosecutor. The Public Prosecutor shall, if necessary, cooperate in the interest of bringing the patient back to the psychiatric hospital as soon as possible. The return of a patient after unauthorised absence shall also be communicated without delay to the inspector and to the prosecutor.
5 In the case of, or under general management, to be determined by the proposal of our Minister in accordance with our Minister of Justice, detailed rules may be laid down in respect of the provisions of paragraphs 1 and 4.
The practitioner shall inform the inspector and the officer of the judicial authority of the place of residence of the person concerned, as soon as possible, of the name of the person to whom he/she shall make a statement as referred to in the first paragraph of this Article. Article 14g, first paragraph Has provided.
1 In the case of a general measure of management, rules shall be given regarding the task and powers of the patient trust person.
2 In the case of a general measure of management, the management of a psychiatric hospital belonging to a category to be classified by the measure ensures that a patient can be assisted by a patient who is not in a position to be Patient Confidence Person.
3 A general measure of management under the first or second paragraph shall be determined on the nomination of our Minister in accordance with our Minister of Justice.
Entry and residence in a mentally retardation or nursing establishment of a person 12 years of age or older and not showing the necessary willingness to do so shall be found in the cases not under consideration Article 2, third paragraph, point (b) or (c) , or as a result of Article 3 an authorisation shall be required only if a committee referred to in paragraph 3, as referred to in paragraph 3, considers that inclusion to be necessary.
2 In the case of, or under a general rule of administration, rules relating to the processing of an application for inclusion and residence in a mentally retarded establishment or in the case of a nursing establishment in cases where, pursuant to the first paragraph, a committee It considers the necessity of such inclusion and stay.
3 In the case of a general measure of management, committees or committees not subject to a mental institution or a nursing establishment shall be set up or appointed in respect of an application as referred to in paragraph 2, and shall decide on the need to include and stay in a mentally retardled establishment or a nursing facility.
4 The need referred to in paragraph 3 shall be present if the person concerned cannot maintain outside the establishment as a result of the mental health disorder.
5 Prior to the examination of the application referred to in paragraph 2, the person concerned shall be informed orally and in writing that he may oppose his entry and residence in a mentally retarded establishment or a nursing establishment.
1 The Articles 36 to 39 , 40, third and fifth member , 41 to 44 , 46a [ text correction: "46a" must be "46a,"] 56 and 57 shall be applicable mutatis mutandis in relation to a person applying to Article 60 is included in a mentally retardation establishment or a nursing establishment.
2 If a person on whom Article 60 application has been found, it is showing that the stay in the establishment wants to terminate, is Article 2 (4) , applicable.
A general measure of administration may provide for rules relating to administrative rules relating to entry and stay in a mentally retarded establishment or a nursing facility, with the application of Article 60 , recording of data from persons to whom Article 60 has been applied, in the patient file and the provision of data of those persons to the inspector.
1 Without prejudice to the provisions of Article 64 and the tasks entrusted to them by or under other legal provisions shall have the task of ensuring that the main inspector and the inspectors are responsible for the interests of all persons in the field of public health whose mental faculties are He's crazy They shall, by the same means, be responsible for responsible treatment, care and care and for the care and protection of such persons.
2 The chief inspector and inspectors possess the powers, mentioned in the Articles 5:15 to 5:17 of the General Administrative Law to the extent that this is reasonably necessary for the performance of the task referred to in the first paragraph. They are also competent, with a view to taking the necessary equipment, to enter a dwelling without the permission of the occupant.
3 The management of a hospital, whether or not a psychiatric hospital, the doctors involved and all other persons who treat, nursing, or care for a person disturbed in his mental faculties shall give to the said hospital public officials, all the information they require, to the extent that this is reasonably necessary for the performance of their duties referred to in the first paragraph.
4 The management of a hospital, whether or not being a psychiatric hospital, as well as the management of any organisation that houses, examines or treats individuals who are disturbed in their mental abilities, grant to the said -officials have access to the patient records.
5 The management of a hospital or organisation as referred to in paragraph 4 shall give the said officials the opportunity to speak to those who are disturbed in their mental faculties, whether or not at the request of such persons.
6 Where there is a case of a person inside with regard to a person inside the carrier whose mental abilities are disturbed, Article 2 , shall notify the Public Prosecutor of any of the said officials. Article 6, first paragraph , shall apply mutatis mutandis.
1 An inspector shall find that a patient is staying in a mental hospital, not a mentally retarded or nursing facility, while not having been found to be willing to stay in the hospital, and at the time of the hospital. patient records do not contain a copy of any of the Articles 53 and 54 of this patient at the time of force, shall invite the Chief Medical Officer to inform him of his or her modest modest record in the psychiatric hospital.
2 The first paragraph shall apply mutatis mutandis where the inspector is found to be residing in a mentally retarded establishment or a nursing establishment who has demonstrated opposition to that stay, while the patient records do not have a copy of that residence. is present of one of the Articles 53 and 54 documents referred to.
3 The inspector shall, if necessary, inform the officer in whose area the psychiatric hospital is situated, as soon as possible of the information given by the doctor of the doctor.
In the case of, or on the basis of a general measure of administration, the appointment of our Minister in accordance with our Minister of Justice, detailed rules may be laid down regarding the exercise of the duties of the Minister of Justice. inspectors.
1 With the supervision of compliance with or under this Act, public health officials shall be entrusted with the task of ensuring that the public health care is provided.
2 The officials referred to in paragraph 1 do not have the powers specified in the Articles 5:18 and 5:19 of the General Administrative Law Act .
1 The public prosecutor shall be responsible for the enforcement of judgments given pursuant to this law upon requests made in response to a request for that purpose, as referred to in Article 4 (1) of the Chapter II, § § 1 , 2 or 4a Or without any prior request. The Ministry of Public Prosecutor's Office shall, to the extent necessary, be responsible for the enforcement of judicial decisions in respect of applications, made at the request of the Court. Article 32 and of the decisions taken pursuant to Article 14d, first paragraph .
2 The public prosecutor shall carry out the task referred to in paragraph 1 by officials of the police, appointed for the execution of the police task, who shall provide for the assistance of one or more persons with knowledge of the care of persons who are are disturbed in their mental faculties. To this end, the officials concerned shall be entitled to enter any place where the person to be taken is situated, provided that it is reasonably necessary for the performance of their duties.
The officials referred to in paragraph 2 shall be able to deprive the person concerned of articles which may constitute a danger to the safety of the person concerned or of others. They shall be empowered to examine him for that purpose either on the clothing or on the body.
4 If possible, articles withdrawn in accordance with paragraph 3 with the person concerned shall be transferred to the psychiatric hospital in which he is admitted. In the hospital, the patient is issued a proof of receipt, in which those objects are described. The items are kept for the patient, to the extent that this is not contrary to any legal requirement.
1 The public prosecutor visits the psychiatric hospitals in their area designated by our Minister of Justice and our Minister to ensure that no one is subject to the unlawful interference by law. shall be recorded or staying. They also pay attention to the proper implementation of Article 36, third and fourth paragraphs , and Article 40 , of the provisions of Article 44 and of the Chapter IV and VI, § 1 . third to fifth member of Article 63 , as far as related to psychiatric hospitals, and Article 64, first paragraph , shall apply mutatis mutandis.
2 The frequency of the visits of officers shall be determined by the decision referred to in paragraph 1.
The prosecutors explain their findings during the visits, intended Article 67, first paragraph , in an annual report. They send these reports to our Minister of Justice to our Minister.
1 With a maximum of three years ' imprisonment or a fine of the third category, he shall be punished, intentionally deprive or deprive of a person of the right to liberty by that person, without having been shown to be willing to do so. to do so, in a mental hospital or hospital, not to be taken by a psychiatric hospital, to be included, to take up or to continue his stay there, while knowing that the necessary documents, as intended for the purpose of the Articles 53 and 54 , have not been submitted or present.
2 By way of derogation from the provisions of paragraph 1, if intentionally deprive a person of his liberty, it shall be deemed to have recorded or taken up in a mentally retarded establishment or in a nursing establishment, even though the person concerned has given evidence of his/her freedom to withdraw his or her rights. of opposition to that objection, while the documents referred to in paragraph 1 have not been produced or are present.
3 With a maximum of two years ' imprisonment or a fine of the third category, he shall be punished, intentionally contrary to the provisions of, or under the conditions of articles 34n, second paragraph , 38, fifth paragraph, 38b , 38c , 38d, 1st Member , or 39, first and second members , applies funds or measures in relation to a patient on whom Chapter II or Article 60 application has been found, or which has been based on a pronunciation of the strait judge as intended Article 37, second paragraph, of the Code of Criminal Law staying in a mental hospital.
4 The offences set out in this article are criminal offences.
1 With a fine of the second category, he shall be punished, who shall
-acting in violation of the provisions of, or pursuant to Article 3 ;
-does not comply with any Article 10, second paragraph , obligation imposed;
-does not act as a result of a decision of the court, comprising an order for the provision of a declaration as referred to in Article 14g, first paragraph ;
-does not comply with any Article 24 obligation imposed;
-acting in violation of the provisions of, or pursuant to Article 37 , 38, first, second, third or sixth member , 38a, first, third or fourth member , 38c, fourth or fifth member 39, third member , 57 or 63, third, fourth or fifth member ;
-act in contraa with the provisions of Article 44, first paragraph or 56, fourth member , in so far as this is defined by the general measure of management pursuant to those Article members;
-conditions of leave or conditional dismissal shall be in breach of, or under, the following conditions: Article 45, third paragraph , and Article 47, second paragraph In conjunction with Article 45, third paragraph ;
-does not result in a contract as referred to in Article 41, ninth paragraph , and Article 41a, 12th member , or a decision of the judge, holding a decision as referred to in Article 46, second paragraph , 47, third member , or 49, third or tenth member .
2 The offences set out in this article are offences.
1 Our Minister has the power to impose an administrative fine of up to € 13 400 in respect of a conduct which is contrary to the provisions of, or under, the following:
2 Our Minister is empowered to impose a penalty on a periodic penalty payment in respect of a conduct which conflicts with the specific case of:
Our Minister shall, in agreement with our Minister of Justice, send within three years of the date of Article 80, second paragraph , established time, and then every five years, to the States-General a report on the way in which the law has been applied.
The nomination for a under Article 14 , 23 , 34m, second member , 37 , 38 , 38a , 38c , 39 , 41 , 44 , 50 , 58 , 60 or 62 general measure of governance to be determined shall not be done after the design in the Official Gazette has been made known and has been given the opportunity to inform Our Minister within four weeks of the date on which the publication is made. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
Where, pursuant to this Law, the inspector submits a petition, or a petition as referred to in the Article 28 , 35 or 41a, fifth member , the lodging of an appeal does not require the lodging of an appeal by a lawyer or an appeal.
1 The Articles 32-35 of the Law of 27 April 1884, Stb. 96, to the regulation of the State supervision of lunatics are abrogated on the entry into Article 80, first paragraph , mentioned time.
2 The other provisions of the Law of 27 April 1884, Stb. 96, to the regulation of the State supervision of lunatics are abrogated on the basis of Article 80, second paragraph , time to time.
1 Authorisations granted pursuant to Article 17, 23 or 24 of the Law of 27 April 1884, Stb. 96, to the control of the State supervision of lunatics, and authorisations granted under the conditions of Articles 387 and 388 of Book 1 of the Civil Code , the period of validity of which has not yet expired on the Article 80, second paragraph The date fixed for the purposes of this Act shall be deemed to be authorised to continue to remain as intended for the purposes of this Act. Article 15 of this law. They shall remain until the end of their period of validity, but in any case for nine weeks after the end of the period of validity. Article 80, second paragraph , time entered into force.
2 Assumptions as referred to in Article 35 B of the Law of 27 April 1884, Stb. 96, to the regulation of the State supervision of lunatics, which is based on a decision of the judge pursuant to Article 35 I , first paragraph, of that Act continued, and whose period of validity has not yet expired on the Article 80, second paragraph The date fixed for the purposes of this Act shall be deemed to be authorisations for the continuation of the entry into force of the said law. Chapter II, Section 3 . They shall remain until the end of their period of validity, but in any case for two weeks after the end of the period of validity. Article 80, second paragraph , time entered into force.
3 Assumptions as referred to in Article 35 B of the Law of 27 April 1884, Stb. 96, to the control of the State supervision of the lunatics, as a result of which: Article 80, second paragraph , date fixed no claim as referred to in Article 35 I This law is set to be regarded as a burden of entreation. The Articles 25 and 26 shall be applicable in any event within the specified time limits specified by the Mayor-to the extent that it has not already been done for the time referred to above. Article 27 applies except that-if the mayor ' s coverage was done for the above time-the request of the officer, intended in the First paragraph of Article 27 in any case, shall be made within the time limit specified after this date.
4 The examination of petitions and of the appellants to obtain an authorization pursuant to Article 17 of the Law of 27 April 1884, Stb. 96, rules of State control of lunge and claims of prosecutors established under Article 35 I of that law, on which it has not yet been decided on Article 80, second paragraph The specified date shall continue to be applied, except that the court or tribunal shall continue to apply the law.
-for claims under Article 17 of that law, the claim has been set up with the application of Chapter II, § 1, of this Act , and
-for progress made under Article 35 I of that law shall have as a true claim a claim in the sense of Article 27, first paragraph -From this law.
5 The examination of petitions and of the appellants to obtain an authorisation pursuant to Article 23 or 24 of the Law of 27 April 1884, Stb. 96, to the regulation of the State supervision of lunge, or of an authorisation, or an extension thereof on the basis of the Articles 387 and 388 of Book 1 of the Buridentical Code On which it has not yet been decided on Article 80, second paragraph , noted time, does not continue.
6 Concerning the patients who remain in force under the first and second paragraphs of authorizations and appointments, the inspector and the prosecutor shall provide the information to be determined by Our Minister within a of that by our Minister.
1 The authority of the Provisionele Trustee, appointed pursuant to Article 33 of the Law of 27 April 1884, Stb. 96, to the control of the State supervision of lunatics, ends of six months after the date of Article 80, first paragraph , stated time, unless:
a. within that period a disposition in which the patient has been handed a curatele, a reign as referred to in Title 19 or a mentorship as referred to in Title 19 Title 20 of Book 1 of the Buridentical Code is set, has become irrevocable;
(b) within that period, the patient is to be discharged from the psychiatric hospital;
c. a request or claim to undercuration, to underwind as referred to in Title 19, or to institution of a mentorship as intended in Title 20 of Book 1 of the Buridentical Code has been made and has not been irrevocably decided upon within that time limit.
2 In the cases referred to in the first paragraph, A and B , the power shall end at the times specified therein.
3 In the case referred to in the first paragraph, C The power at the moment of the irrevocability of the decision at that request or on that action shall cease to be effective.
4 With regard to the provisions of Article 32 of the Law of 27 April 1884, Stb. 96, to the regulation of the State supervision of lunge resulting in the loss of the management of own property, the provisions of the preceding paragraphs shall apply mutatis mutandis.
5 The patient who is under Article 32 of the Law of 27 April 1884, Stb. 96, to regulate the state supervision of lunatics, the management of the goods of others has been lost, this administration has not been regranted by the entry into force of the Article 73, first paragraph -From this law.
This law can be cited as Law Special Withdrawals in Psychiatric Hospitals.
1 The Articles 73, 1st paragraph , and 75 shall enter into force from the first day after the date of issuance of the State Sheet where this law is placed.
2 The other articles of the Act enter into force on a date to be determined by Royal Decree which may be different to the various articles or parts of the Act.
Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.
Given at The Hague, 29 October 1992
Beatrix
The Secretary of State for Welfare, Health and Culture,
H. J. Simons
The Minister of Justice,
E. M. H. Hirsch Ballin
Published on 30 December 1992The Minister of Justice
E. M. H. Hirsch Ballin
