CYIL vol. 8 (2017)

PETR ŠUSTEK CYIL 8 ȍ2017Ȏ its influence or in connection with the abuse. The protective treatment may be imposed for a maximum period of two years, but can be prolonged by an unlimited number of renewable periods of up to two years. Furthermore, civil law knows two special cases in which a patient can be hospitalized without both informed consent and a public authority’s decision. The first one represents civil involuntary placement which is allowed in a situation when a person immediately and seriously threatens himself or herself or other persons and shows signs of a mental disorder or is under the influence of drugs, if the danger cannot be averted by other means. In this case, the person is usually hospitalized at a psychiatric facility or a sobering-up station. 25 The second case arises when a patient’s health condition requires urgent care while preventing the patient from granting the informed consent. 26 Urgent care without consent may be provided only if it is necessary to save the patient’s life or prevent serious damage to his or her health. 27 If the criteria of one of the above mentioned two cases of involuntary hospitalization are met, the psychiatric institution has to notify the court of the involuntary hospitalization within 24 hours, unless the informed consent has been given by the hospitalized person. The same notification rule applies when the patient withdraws the consent if all the conditions for involuntary hospitalization are met. 28 The court hears the patient concerned and the treating physician and decides whether the involuntary placement is lawful within seven days from the placement. 29 If the placement is lawful, the court decides on the admissibility of continued detention and its duration (up to one year) within three months. 30 In the course of this proceeding, an independent medical expert must be appointed to assess the patient’s mental health. 31 An appeal against the decision of placement and continued detention does not have suspensive effect. 32 The involuntary placement may be extended unlimited times, always by a renewable period of up to one year. 33 A reassessment of the mental health of patient can be requested (by the patient, his or her representative, guardian, close family member or trusted person) and the court must decide within two months. 34 3.1 United Nations Committee against Torture Report Control over respecting the Convention against Torture is exercised by the United Nations Committee against Torture (hereinafter “ CAT ”). In its Report from 2012, 35 the CAT 25 Sobering-up stations, where persons with acute drug intoxication are short-term hospitalized, form a relatively close and well-functioning network in the Czech Republic. See MRAVČÍK, V., BUREŠOVÁ, Z., POPOV, P., MIOVSKÝ, M., Sobering-up stations in the Czech Republic in the context of analogous models of care for acute intoxications in Europe. Časopis lékařů českých. (2013, Vol. 152, No. 3), p. 129-134. English abstract available at: accessed 28 April 2017.

26 Section 38 (1) of the Act on health services. 27 Section (4) b) of the Act on health services. 28 Section 40 of the Act on health services. 29 Section 77 of the Act on specific court proceedings. 30 Section 80 and 81 of the Act on specific court proceedings. 31 Section 70 (1) of the Act on specific court proceedings. 32 Section 73 of the Act on specific court proceedings. 33 Section 81 (1) of the Act on specific court proceedings. 34 Section 82 of the Act on specific court proceedings.

35 United Nations Committee against Torture. Report of the Committee against Torture, Forty-seventh session 31 October – 25 November 2011, Forty-eight session 7 May – 1 June 2012. accessed 28 April 2017.

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