such notice, the patient is deprived from the possibility of appealing the decided
measure/established decision, considering, for the court, the provisions of art. 62 par.
(8) of Law no. 487/2002, republished: The decision of the court may be challenged
with an appeal, within 3 days from being given, for those attending, or from its
notice, for those who were absent.
• a patient was admitted who, even though the Commission for the review of
the involuntary admission procedure established that the requirements for
maintaining involuntary admission were no longer met (on August 8, 2016) and the
management of the hospital notified the Judge’s Office of Pitesti in due time (on
August 9, 2016) remained involuntarily admitted for an extremely long time (3.5
months), pursuant to the decision of the court of November 7, 2016 (the first session
was set for October 20, 2016 – recommended date), and the decision was notified to
the hospital on November 15, 2016.
The management of the hospital repeatedly asked to change the term, i.e. to
schedule for a later date than the one set by the court, including a petition to the
Bureau of Information and Public Relations of the Judge’s Office of Pitesti, asking
that the request should be judged with emergency, based on legal provisions.
However, the documents enclosed to the patient’s records showed that the court did
not classify the termination of involuntary admission as an urgent case.
In this situation, since the involuntary admission procedure stipulated that the
patient will only be released once the court confirms the termination of involuntary
admission by means of a judgment, the concerned patient was deprived from freedom
for more than 90 days. The commission met on a monthly basis during this time and
maintained its prevoius decision, i.e. terminated the conditions that imposed
involuntary admission.
Regarding the mentioned aspects and considering the provisions of art. 65 par.
(4) corroborated with the provisions of art. 62 par. (1) of Law no. 487/2002,
republished: the application regarding the confirmation of the termination of
involuntary admission shall be judged with an emergency status, in the council room,
based on art. 4 of Law no. 35/1997, republished, the NPM team notified the Superior
Council of Magistrates.
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