NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
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1. Participate in the proceedings, if his/her state of
health so permits (CCP 396(2);
2. To have a defence counsel from the moment of the
adoption of the order for a psychiatric examination,
if he/she has not previously participated in the
proceedings on a general basis (CCP 396(3));
3. To appeal against a court order for the imposition
of compulsory medical measures (but not a forensic
psychiatric examination) (CCP 404);
4. To appeal against a court order to extend, modify
or revoke a compulsory medical measure (CCP 405)
attend a hearing on the application of compulsory
medical measures or a hearing on the extension,
modification or revocation of a measure (according
to CCP 399(2) and 405(4), this depends not only on
the person's state of health, but also on the judge's
will).
Compulsory medical treatment measures, although
restricting freedom, are not considered a punishment.
Compulsory medical treatment differs from punishment
in terms of purpose, content and legal consequences:
it is not intended to punish a person for committing
a dangerous act; the act to which they apply is not
considered criminal; the application of compulsory
medical measures does not entail conviction and
other consequences specified in the criminal law; they
are assigned without specifying the term when their
application must be terminated. The purpose of the
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