CDL-REF(2021)022 - 42 - 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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