LAW ASPECTS
IN PSYCHIATRY
Jitka Hüttlová
DEPARTMENT OF PSYCHIATRY FN BRNO AND LF MU

HOSPITALIZATION
„voluntary/agreed - confirmed by patient informed agreement signature
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„involuntary/unwilling - without agreement of patient but agreed by written agreement of court
„
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„„Reverse/Discharge against medical advice“ - informed disagreement, rejection of
proposed/recommended care - written

PRECONDITIONS FOR INVOLUNTARY HOSPITALIZATION
„Czech law 372/2011 Sb, § 38, par. 1:
„
„a] Patient could be hospitalized without his will in case of:
„1] court commanded the protective treatment in the form of inpatient care;
„2] isolation, quarantine or treatment in order of public health law is commanded;
„3] medical health examination is commanded by criminal or public code.

PRECONDITIONS FOR INVOLUNTARY HOSPITALIZATION (CONT.)
„b] Patient instantly and seriously threatens himself or others and has symptoms of mental disorder
or suffers from this disorder, or is influenced by addictive substance and the threat cannot be
eliminated other way.
„
„c] Health condition of patient requires immediate treatment and the condition does not allow him
to give the formal agreement at the same time.
„

INVOLUNTARY/UNWILLING TREATMENT
„Based on the Law 372/2011 Sb. § 38, par. 3:
„Patient could be treated without his agreement only by the urgent treatment in the case of:
„a] health condition of patient does not allow him to give the formal agreement;
„b] serious mental illness causing, in the case of untreated, high probability of serious damage of
health of patient.

COURT NOTIFICATION
„Based on the Law 372/2011 Sb. § 40:
„Medical institution is obliged to notify the respective court about taking over the patient /due
to reasons based on § 38, par. 1, a) and c)/ without his will within 24 hours.
„Notification is also mandatory if patient or his legal representative revoke the consent with
hospitalization (agreed earlier) and conditions for involuntary/unwilling treatment continue.

RESTRICTIVE MEANS
„Therapeutic and preventive steps to limit patient in movement and behave. „Required due to serious
psychomotoric restlessness/agitation threatening the surrounding or risk of self harm or suicide.
„Aim is to prevent the patient in self harm, harm of surrounding people or properties.
„

SANITY AND INSANITY
„Person is considered sane if subjectively able (mentally capable) to commit a crime. „Person is
considered insane if, due to the mental illness at the time of the act, is not able to recognize
his behave as illegal (impaired recognition capabilities) or is unable to control his behave
(impaired control ability).

PROTECTIVE TREATMENT
„Exceptional institution to protect an individual or the society. „Complements or replaces given
punishment for Criminal offense. „Protective treatment could be commanded (§ 99 Criminal Code) to
the offender of any crime in case of his insanity due to mental illness. „Security detention could
be commanded (§ 100 Criminal Code) to the offender for who the protective treatment is insufficient
to protect the society.

LEGAL CAPACITY
„Legal capacity – Czech law 89/2012 Sb. Civil Code
„Capability to acquire the rights by own acting and committing to duties (§ 15).
„Every legally capable person has a mental capacity of an average people and the capability to
applicate it with common care and caution; everyone can expect this in legal relation from legally
capable person (§ 4).
„Anyone cannot give up its own legal capacity, not even a partially (§ 16).
„Legal capacity can be limited only by court (§ 56).

PRECONDITIONS FOR LIMITING OF LEGAL CAPACITY
„Limiting the Legal capacity could be done solely for the sake of interest of person in question (§
55). „Limiting the Legal capacity of person can be done only in case and due to impending serious
harm (§ 55). „Court can limit the Legal capacity of person only in scope in which is the person
unable, due to his permanent mental illness, to legal acts (§ 57).

LEGAL CAPACITY AND SANITY
„“Legal capacity” is Civil code concept; does not relate with Crime code concept “Sanity”.
„
„“Sanity” (and consequent criminal responsibility) is considered in every criminal court
proceeding, regardless the Legal capability.

CAPABILITY OF DRIVING MOTORIZED VEHICLE
„Czech law 361/2000 Sb, § 89a:
„
„If a doctor finds out that a patient is not capable of driving motorized vehicle, he/she has to
announce it to the municipal authority.
„Organic disorders, psychotic disorders, mental retardation…..
„

POSSESSION OF FIREARMS PASS
„Czech law 119/2002 Sb, § 20, par 4.:
„
„If a doctor finds out that a patient suffering from severe mental disorder has a firearms pass,
he/she has to announce it to the general practinional.
„Almost all mental disorders
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„Thank you for your attention