CODE No 985

CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

COD No. 985 of 18-04-2002 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA


În vigoare din data de 2002-09-13

Articol 101
Establishment, change, extension and termination of the medical restraint measures on the alienated persons

(1) The court, considering that it is necessary to apply a measure of medical restraint, shall choose its form according to the person's mental illness, the character and the harmfulness of the offence committed. The person subjected to forced treatment or his representative shall have the right to ask an independent medical institution for an opinion on the state of health of the person to whom medical restraint is applied.

(2) The court may decide to terminate the application of medical measures upon the opinion of a medical institution, if the person has recovered or the nature of the illness has changed to such an extent that the application of these measures is no longer necessary.

(3) A change of the type of coercive medical measures or an extension of their application is also carried out by the court, based on the monitoring of the necessity of such treatment, carried out both at its own initiative and at the request of the person or his/her representative at least once every 6 months.

(4) If the court does not deem it necessary to apply compulsory medical measures to the mentally ill person, as well as if the application of such measures is terminated, the court may place the mentally ill person in the care of relatives or guardians, under obligatory medical supervision.