CDL-REF(2021)022
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4. The court may submit to health care authorities the necessary materials relating to persons
specified in part 1 of this Article, who do not present a danger by their mental state, for settling
the issue of treatment of those persons or of sending them to a psychiatric institution.
(Article 97 amended by HO-186-N of 7 October 2009)
Article 98.
Types of medical coercive measures
1. Types of medical coercive measures shall be as follows:
(1) outpatient surveillance by a psychiatrist, and compulsory treatment;
(2) compulsory treatment in a general psychiatric department of psychiatric institutions;
(3) compulsory treatment in a special psychiatric department of a psychiatric hospital.
2. The court may, together with a punishment, impose outpatient surveillance by a psychiatrist
and compulsory treatment on persons convicted of a criminal offence committed in a state of
mental disorder not excluding sanity, but needing treatment from alcoholism , drug addiction
or toxicomania or mental disorder not excluding sanity.
(Article 98 edited by HO-186-N of 7 October 2009)
Article 99.
Outpatient surveillance by a psychiatrist and compulsory treatment
Outpatient surveillance by a psychiatrist and compulsory treatment may be imposed, where a
person, considering his or her mental state, does not need to be placed in a psychiatric
hospital.
Article 100.
Compulsory treatment in psychiatric institutions
1. Compulsory treatment in a general psychiatric department of psychiatric institutions may be
imposed upon a court order, where a person’s state of mental disorder requires treatment,
care and surveillance conditions which are feasible only in an inpatient setting.
2. Compulsory treatment in a special psychiatric department of a psychiatric hospital may be
imposed upon a court order on a person who — considering his or her mental state — is
dangerous to himself or herself and to others and requires permanent surveillance.
(Article 100 edited by HO-186-N of 7 October 2009)
Article 101.
Imposing, changing and terminating medical coercive measures
1. When imposing medical coercive measures, the court shall take into account the mental
illness of a person, the nature of the act committed by him or her and the degree of the danger
that it poses to the public.
2. In case of a person’s recovery or change of the nature of his or her illness, where there is
no longer a need to apply a medical coercive measure, the court shall, based on the opinion
of the medical institution, take a decision on terminating application of medical coercive
measures.
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