The decision on whether to cancel or to continue your security measure must be made by the investigative judge, or the court which considers your case.

Time

The decision about whether the security measure is still necessary has to be made speedily. It means that the investigative judge or the court has to consider your application carefully and without unjustified delay. When making a decision on your stay in a mental health care institution, the investigative judge and the court has to follow the procedure prescribed by the Criminal Procedure Law.

Reasoned decision

The court has to examine all the facts that would speak for and against the continuation of the security measure. In doing this, special diligence should be exercised. The court must issue a well-reasoned decision, especially if it has decided to continue the application of the security measure. It means that the grounds on which you will be kept in the mental health care institution must be very clearly explained and especially why this is necessary in your case. The reasons cannot be superficial and generic. The longer you have been placed in a mental health care institution, the more thorough and well founded the reasons for prolonging your security measure should be.

Appeal & Resubmission

You cannot appeal the review decision. It is because you have the right to ask for a repeated review of the applied security measure at any time.

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 the security of a person.

Resources

Last updated 21/03/2024