69 services. To set up such an institution, the appropriate legal background should be created in addition to the provision of the material conditions. The representative of the Ministry of Justice could accept a solution when adaptive leave, with the possibility of termination, should be spent in a social care institution, with the proviso that the scope of applicable restrictions was provided for in a legal regulation. In the participants’ opinion, it should be specified on an individual basis that, during the adaptive period, when it should be decided on what type of institution should the given patient be transferred to. It would be appropriate if it was decided by the Court upon the recommendation of the institution providing placement and with the involvement of an independent expert; the possibility of appeal against this decision should also be guaranteed. As regards this issue, the representative of the Ministry of Justice deemed it necessary to draft a detailed pre-legislative concept, the implementation of which could be carried out in the form of a resolution by the Government, not earlier than during the second half of 2018.

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