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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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