NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 82 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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents