The decision on whether to cancel or to continue a compulsory placement must be made by the court which has control over the decision on the compulsory placement. This is usually the court which issued the decision in the first place.
Time
The decision about whether the compulsory placement is still necessary has to be made speedily. The Criminal Procedure Law says that the court has to make a decision 14 days after it has received the report of the doctor or the assessment. The report of the doctor or the assessment should be requested without delay and take the complexity of the case into account. If the case is simple, the deadline for requesting and receiving the report or the assessment should be shorter.
Reasoned decision
The court has to examine all the facts that would speak for and against your compulsory placement. In doing this, special diligence should be exercised. The court must issue a well-reasoned decision, especially if it has decided to continue the compulsory placement. It means that the grounds for why your compulsory placement will be continued must be very clearly explained and especially why this is necessary in your case. The reasons cannot be superficial and generic. The longer the compulsory placement has been, the more thorough and well founded the reasons for prolonging it should be.
Appeal
You have the right to appeal the decision. In this case, you should submit the appeal if you believe that the problem with the decision is related to the law applied or the legal reasoning. This is called cassation. The appeal procedure is explained in the Criminal Procedure Law. It is very important to observe the time limits allowed for appeals. According to the Criminal Procedure Law, all decisions and judgements can be appealed within the time limit specified in the court decision.
Resubmission
If the court has made a decision to continue the compulsory placement, a new request for review can be submitted again after 3 months.
What human rights violation may there be?
If your involuntary placement review process did not comply with the given procedural requirements, it may result in a violation of the right to the liberty and security of a person.