Anaëlle Laport , Julien Da Costa , Anne-Hélène Moncany
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引用次数: 0
Abstract
Introduction
Mandatory care is part of court-ordered care. This measure was introduced into French Law on November 23, 1958, at the same time as conditional imprisonment with probation. Rarely used by judges in the beginning, mandatory care appears to be ordered more frequently today. Concerning mainly male individuals with personality or substance abuse disorders, therapists will frequently be asked by their patients to implement this measure. Through a review of the legal and health literature, this paper intends to specify how mandatory care is ordered, implemented, applied and ultimately how it ends.
Methods
We conducted a literature review of French legal and health publications between 1958 and 2021. We included sources from several databases such as Science Direct, Persée, Cairn, Dalloz, and Légifrance. We used the keywords “obligation de soin”, “soins pénalement ordonnés”.
Discussion
Mandatory care is a frequent measure that can be pronounced by French judges at any judicial procedure. No psychiatric expertise is needed contrary to other court-ordered care such as injunction of care. As the magistrate only sets the goals of mandatory care, its organization and extent are determined by the therapist in partnership with the patient. The patient will then have to prove his assiduity to the judge, by asking the therapist to submit certificates of attendance. As the therapist is sworn to respect the professional secrecy towards the magistrate, the judge should transmit all the documents useful for the patient's care. Finally, mandatory care can be terminated at the behest of the patient, the district attorney, or the Executive Magistrate.
Conclusion
It seems essential that healthcare professionals understand what mandatory care is and how it is conducted. Moreover, we invite all those involved, from the judicial to the medical system, to promote meeting venues to better identify the limits of each, while, at the same time, respecting one another's professional secrecy.
期刊介绍:
The Annales Médico-Psychologiques is a peer-reviewed medical journal covering the field of psychiatry. Articles are published in French or in English. The journal was established in 1843 and is published by Elsevier on behalf of the Société Médico-Psychologique.
The journal publishes 10 times a year original articles covering biological, genetic, psychological, forensic and cultural issues relevant to the diagnosis and treatment of mental illness, as well as peer reviewed articles that have been presented and discussed during meetings of the Société Médico-Psychologique.To report on the major currents of thought of contemporary psychiatry, and to publish clinical and biological research of international standard, these are the aims of the Annales Médico-Psychologiques.